Employment Discrimination Lawyers and Labor Law Lawyers

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Why did Shah Mohommad Reza Pahlavi fall from power?

Shah Mohammad Reza Pahlavi fell from power in the Iranian revolution of 1978-1979 partly because he
(A) was moving toward a military alliance with the Soviet Union
(B) was aggressive in modernizing the country along Western lines
(C) insisted on strict enforcement of Islamic religious laws
(D) tried unsuccessfully to annex Afghanistan
(E) opposed increased educational and employment opportunities for women

noen of the above. he fell from power because the idiot jimmy carter refused to back him up when the crazy ayatollahs came to overthrow him. none of the muslim problems would have happened over the past 30 years if carter had supported the shah

2010 Protest John Yoo Torture Boalt Law School, Part 1

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Can an employer deny employment to me because they think I have a drinking problem?

I was offered a decent paying job a month ago, only to have the employer yank the job offer after my background check came back(I have 2 drunk driving convictions, one 3 years old, one 5 years old and one public intox from 2007 - all are misdemeanors). They did tell me that the job offer was contingent based upon a satisfactory background check, but now I find out that alcoholism is a covered disability under ADA. My local civil liberties office says I have a case, but I would like to hear other opinions from people knowledgeable about this area of law. - The job that I interviewed for did not involve any driving, so my driving record can not be held against me and I do not have any other crimes on my record besides the ones listed above.

who ever told you that you "have a case" is an idiot.......

what you are talking about here has absolutely NOTHING to do with ADA.....

driving drunk has nothing to do with alcoholism but it does have to do with lousy judgment and immaturity.

your poor judgment and the fact that you have failed to learn from your mistakes is why you are not going to be hired.

grow up and take ownership for your past, don't make excuses or blame others for what you have done.

Is Law Enforcement Allowing My MARRIED Alcoholic Naval Spy EX to Assault & Attempt to Murder Me?

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Is having a minor a bad idea?

I am a Political Science major and I am minoring in Criminology and L;aw and Justice. I was wondering if that would limit my employment possibilites after I graduate?

Having a minor should not limit your employment possibilities. Most people have a Major and a Minor. Some have multiple Majors or Minors. You need a certain number of credits to graduate anyways, you might as well use them to gain some expertise in a field. As far as what school you are going to, once you are through with law school, most people won't care where you did your undergrad work. However your law school of choice might care. Depending on how far into your degree you are, your options to make changes may be limited. I suggest talking to the admissions at the law schools you are interested in and asking what criteria they look at when selecting students. If you are worried UT might not have the best Poli Sci programs, go the extra mile. Take more intense classes than required, participate in school groups that relate to your major or to law, become active in political campaigns.

Employment Law Defense | Tampa Law Firm | Employment Discrimination

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Perdue addresses employment, budget, Easley
The governor spoke about her predecessor during a Q&A session Thursday
OBAMA PUSHES ANTI GUN TREATY!!! ALERT

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are small private restaurant exempt from paying overtime?

I was working in a restaurant for many years. Upon my terminating my employment I had already worked 4 days when I quit. I called the owner and asked for my 4 days pay and she refused to pay it. i also worked many hours in a week and only got straight time. Is a small business exempt from the labor laws

Nope. If you worked over 40 hours per a given week, the excess hours over 40 should have been paid at overtime rate. It is also wrong for them to refuse to pay you for the 4 days you are owed for - that is seriously wrong. This happens quite a lot in restaurants, I hate to say. But it's true. They often hire illegal immigrants (or even legal immigrants) and pay them way less than minimum wage, taking advantage of the immigrants lack of understanding of American law (specifically the FLSA - Fair Labor Standards Act).

I'm not entirely sure how you should pursue this - it's your decision. If it was me, seeing as how I didn't get my final paycheck for hours I had worked, I'd be calling around to various agencys like the local Department of Labor to look into the matter. Yes, that's called whistle-blowing. But sometimes, someone has to stand up and make things known about illegal activities. I'm pretty sure this business is not properly filing taxes or distributing tips properly either. It would have been much simpler for them to have just paid you your wages for the days you worked. Now - as I hope you will - they will be reported and be investigated and probably have an audit done on their bookkeeping record.

Overtime Law Interview Part 1

E-books download?

Please tell me the name of any site from where i can dowmload e-books for free or copy the books available on those sites for free. I m specifially looking for books on topics like

Download a bit torrent file before you download off of these sites. (found at download.com)

1. http://www.torrent-finder.com
1. http://www.torrentspy.com

Search through those sites.

Fazio DiSalvo Cannon Abers Podrecca Fazio & Carroll FL

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ECJ closes employee transfer loophole
Employees of a firm which is transferred to another company must retain their rights even if the company with which they had an employment contract does not transfer, the European Court of Justice (ECJ) has said.
LG Employers Employment Relations Podcast September 2010

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What type of small gift can I give to a lawyer who provided some free legal advice?

I called up a law firm I hadn't dealt with before with a quick question about a particular area of law and faxed a document. One of the lawyers called back and verbally told me what he thought (it had to do with an employment contract). When I asked how much I owed, he said it was "on the house" and he was happy to help.

A nice bottle of scotch

Estate Planning : How to Find a Pro Bono Lawyer

Collective bargaining refers to?

a. the process by which the government sets exemptions from the minimum wage law.
b. setting the same wage for all employees to prevent jealousy among workers.
c. firms colluding to set the wages of employees in order to keep them below equilibrium.
d. the process by which unions and firms agree on the terms of employment.

Is this a question on your exam?

What I've learned in school is that Collective Bargaining promotes friendship among the workers and the employers. So I guess my answer would be the closest one, letter B.

HIRE Act Part 1

Coppen Oil & Gas London (UK) career@cop Date: 2008-07-22ATTN: S.SHANMUGARAJCONTRACT/EMPLOYMENT AGREEMENT

Ref: PSC/COG/ 012556-08 UKDate: 2008-07-22

very good, is there a question

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Best Oakland Personal Injury Lawyer - Chrisopher Dolan - East Bay - Dolan Law Firm

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Redundancy Alternatives For UK Employers

In the current recession, both restructuring and redundancies are becoming increasingly common. Large and small businesses may find themselves with little option but to shed staff just to keep their business going. It is an extremely stressful time both for employees facing potential redundancy and for employers and other HR and other managers involved in the redundancy process.

Redundancies occur where a job no longer exists or can be dispensed with for justifiable economic reasons of benefit to the employer. However, for employers thinking about making redundancies it is worthwhile looking into alternatives. Employers can consider the following options:

a) Stopping the use of temporary staff -- temps are often expensive due to the additional costs of using an agency and also maybe less productive than experienced staff. Can work be reallocated to existing staff instead?

b) Cutting workers' hours.

c) Offering sabbatical or unpaid leave.

d) Reducing the level of paid overtime.

e) Bringing in flexible shift patterns or annualised hours contracts.

f) Replacing part of a worker's salary with a performance-related bonus.

g) Converting the remuneration of sales staff from salary to a commission basis, where possible.

h) Developing new sources of work.

i) Cutting out unnecessary travel by replacing face-to-face meetings with phone and web conferencing.

Above all, when thinking about making changes to workers terms and conditions, it is essential for employers to talk to their staff and to explain the current position and discuss with them questions of changing conditions rather than simply imposing those changes -- which risks serious morale problems and legal claims for breach of contract. When carrying out such changes, those employers without their own internal human resources team will need advice from a specialist employment lawyer. Redundancy is a complicated area of law and too often employers wrongly use redundancy as the label for sacking employees. This involves significant risks for employers as employment tribunals are becoming very used to this trick and a claim for unfair dismissal claim can be very costly. Employers are well advised not to misuse the term redundancy, unless there is definitely a redundancy situation. Furthermore employers should make sure they know exactly what they are doing and that they follow the correct procedure.

Those employers who manage to apply some of these tips successfully to their own business should be better placed to survive and even thrive in the recession, be well placed for the recovery when it comes and in the meantime keep staff morale high.

About the Author

Tim Bishop is senior partner of Bonallack & Bishop, a firm of UK employment law solicitors with offices in the south-west, offering legal services to private and business clients. Tim has spearheaded the firm's expansion, seeing it grow by 1000% in the last 12 years. He is responsible for major and strategic decisions and sees himself as an entrepeneur who owns a law firm. Tim has firm plans for continued expansion of the firm.

Fiscal Commission Public Forum 6 of 7

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As an Expat contract worker in Norway, can I choose not to avail of any Health Insurances.?

In my first year working here in Norway as a consultant engineer, I was not required to pay for any Health Insurances by my employment agency. When my contract ended, I went back to my home country.

You can get expat health insurance...search the web about it:)

Looking for Job? See How Russia Attracts Foreign Specialists with Rapid Work Permits

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Assisted Living Litigation: Considerations in Pursuing Relief for Those Neglected and Abused

Assisted living facilities are rapidly becoming the nursing homes of the future. According to the National Center for Assisted Living, there are over 36,000 licensed assisted living facilities nationwide with an estimated 1 million residents.[1] However, because there is no common definition for assisted living facilities, this number may not adequately reflect the prevalence of these facilities. In fact, in 2002 the National Conference of State Legislatures hailed the assisted living market as one of the fastest growing long-term care options for senior citizens; the number of seniors in assisted living facilities receiving Medicaid benefits has grown nearly 50% over the past few years.[2]

These facilities tend to aggressively market and recruit residents, many times promising staffing levels or services that, in reality, are not available.[3] In an attempt to compete with nursing homes, assisted living facilities are accepting patients with higher acuity. Most major chains promote special Alzheimer’s Disease Units, and are accepting patients with significant cognitive impairment. The reality is that many of these facilities have staffing that is inferior to the staffing levels present in nursing homes and simply cannot meet the needs of the higher acuity residents. The end result is that residents throughout the county are suffering from serious injuries due to the neglect and abuse that is taking place in these facilities.

A. Assisted Living v. Nursing Home Care

Assist living abuse and neglect cases and nursing home abuse and neglect cases are similar in some respects, i.e., both involve supervision and care of the elderly, but evaluating the assisted living case involves a greater perception of the differences in the two types of facilities.

1. Standards of Care. The litigation of assisted living abuse and neglect cases, like the litigation of nursing home abuse and neglect cases, can be an effective tool in forcing the industry to comply with proper standards. However, since most states have weak regulations, it often becomes difficult to establish the legal standard of care for a particular facility. Many times a plaintiff may have to fall back on basic community practice nursing standards that will apply when an assisted living facility contracts to provide more than just room and board.

Nursing homes are highly regulated and must comply with the regulations set forth in the Omnibus Budget Reconciliation Act (“OBRA”) of 1987[4] (otherwise known as the federal Nursing Home Reform Act) which set minimum standards of care for long term care facilities that receive federal funding. Unlike nursing homes, assisted living facilities are not regulated by the federal government, and the state regulations that do exist are inconsistent and, for the most part, not aggressively enforced.

When considering the basis for liability, one must consider whether the assisted living facility breached regulatory or community practice standards in admitting the resident whose needs may have been too great to be met by the assisted living facility. Many assisted living facilities, especially those with “Specialized Alzheimer’s Units” are accepting residents with advanced dementia who would normally be admitted to a nursing home, and possibly even a skilled wing of the nursing home. In such cases, it would be advisable to obtain an expert who will evaluate the resident’s condition and the relevant admission criteria. Such an evaluation will likely be beyond the abilities of a lay person, although many admissions decisions in assisted living facilities are being made by non-medical personnel.

Almost all states prescribe some limitation on who can be admitted into an assisted living facility. For example, Virginia regulations prohibit adult care facilities from admitting or retaining patients with a variety of conditions, including ventilator dependency, dermal ulcers stages III and IV, those requiring intravenous therapy or injections directly into the vein, nasogastric tubes, and those who require continuous licensed nursing care. 22 VA. ADMIN. CODE § 40-71-150 (West 2003). Other states contain similar limitations with prohibitions aimed at excluding patients with a demonstrated need for skilled or specialized care.[5] Assisted living facilities do not provide skilled care; consequently, they are uniformly required to screen patients to determine the level of care needed and reject patients whose needs exceed their capacity. State regulation of assisted living facilities is lax and, for the most part, ineffective. Only a few facilities in the Commonwealth of Virginia have been denied a license for regulatory noncompliance. It is the opinion of this author that weak regulatory enforcement is in part due to inadequate regulations that do not adequately specify industry standards.

2. Experts. To litigate a nursing home abuse and neglect case it almost always requires the use of medical experts who will define the standard of care and address breaches in the standards. As assisted living facilities are generally not considered health care providers, one may question whether an expert is necessary. This will obviously depend on the facts of your case. But in almost every case, at the very least, you will require an expert to establish causation and damages. Since many times injuries in assisted living facilities result in the patient requiring long term care in a nursing home, you may also want to consider obtaining a life care plan from a qualified expert.

Once you have obtained records, you should have the case reviewed by a nursing expert you can rely upon. Unlike nursing homes where there DON and Administrators are RNs, many of the nurses who work in the assisted living arena are LPNs and lack the background that you may be looking for in an expert. Finding talented nurse experts who are actively involved in assisted living care is a challenging task. This author has used the ATLA list serve, and random calling of facilities to locate qualified experts.

B. Evaluating the Assisted Living Case

1. Facility Records. The first step in assessing liability against an assisted living facility will be to obtain the records from the facility and the contract that was signed. The contract will likely define the duties undertaken by the facility. Most assisted living facilities have various levels of service. Level one might be the basic service which would include only room, board, meals and activities. Level four, or the highest level of service, might include resident assessment, care or service planning, medication administration, and dementia and nursing care. The standards applied by these facilities could be analogized to standards of care applied by a nursing home that was not providing skilled care.

2. Freedom of Information Act. In addition to obtaining the records, you will need to do a Freedom of Information Act request. This will help you identify the corporate entity that actually owns and operates the facility and may also allow you to see surveys or inspections that were done on this facility. The license should always be available, and may include information about the scope of services that the defendant facility is authorized to provide. Do not expect the surveys or inspection reports to contain the wealth of information that are available for nursing homes. Many times surveys are performed by the local Department of Social Services and do not include assessments of whether or not these facilities are complying with regulatory standards of care.

3. Case Review. The following are some factors to consider early on in deciding whether or not to prosecute an assisted living facility for negligence or abuse:

a. The nature of the resident’s condition upon admission. If she was mentally competent and independent with acts of daily living, you will confront significant problems with contributory negligence and comparative fault defenses.

b. The nature of the contract and duties assumed by the facility. If they only agreed to provide room, board, and meals, the defense will argue their duties are analogous to that of a landlord in an apartment building.

c. The quality of the relationship between the personal representative and the victim. If the victim is deceased, this may take on a greater importance as the nature of that relationship may define your damages under the applicable wrongful death act.

d. Whether the family members make good fact witnesses, appear genuinely outraged by the facility’s conduct, and complained and/or removed their loved one from the facility.

e. Whether the facility had serious staffing shortages or a pattern of neglecting their residents.

f. Did the victim suffer a significant injury in the facility that adversely affected the quality of her life for the future, or caused her death?

g. Do you have strong witnesses and powerful exhibits? Do you have an insider who is willing to blow the whistle on rampant staffing shortages? Do you have color photos of that pressure?

h. Do you have significant economic specials that are not encumbered by a Medicare or Medicaid lien?

i. Is the defendant a charitable organization, religious affiliate, or part of a large assisted living chain?

C. Theories of Liability

With weaker regulation, variety in industry standards, and market competition, it is not surprising that the U.S. General Accounting Administration, in 1999, identified problems in assisted living facilities that included inadequate or insufficient resident care, insufficient trained staff, improper medication administration, and not following admission and discharge policies required by state regulation. A 2000 study by the U.S. Department of Health and Human services found that a high percentage of the staff at assisted living facilities were not knowledgeable about the normal aging process and at least 60% of the staff did not know how to properly manage difficult behavior among assisted living residents.

Liability: Improper Admission. Many times, liability based upon an improper admission results when someone is admitted into a facility that is not locked down or enclosed. Many residents with dementia have a tendency to wander and they should simply not be admitted into facilities that are not locked down or do not have appropriate wander guard systems and/or alarms on the doors.

In Selvin v. DMC Regency Residence, Ltd., 807 So. 2d 676 (Fla. Dist. Ct. App. 4th Dist. 2001) a resident of an assisted living facility wandered off and was found dead in a nearby canal. Plaintiff’s complaint alleged two different theories of liability: the first was a statutory wrongful death action and the second was based on alleged violations of statutes relating to assisted living facilities. Plaintiff alleged that the facility had a common law and statutory duty to supply at least the level of services and care that all licensed assisted living facilities generally furnish elderly patients of the plaintiff’s decedent’s classification and condition. At the time of trial, plaintiff sought to introduce expert testimony about specific safety precautions that were the industry standard and further sought to show that the facility should have built a fence to prevent elders from wandering near the dangerous area of the canal. The trial court precluded this testimony, finding that the facility had no legal duty to fence off the canal to the general public. The Appellate Court reversed, finding that the facility undertook to furnish certain services of care and security which created such a duty of protection. The Appellate Court also held it was an error to exclude testimony regarding industry standards of what could have been done to protect these impaired residents from falling into the canal.

1. Liability: Falls. Another common area of liability in assisted living facilities involves falls. Expert testimony may not be required in such cases. See, Walker v. Southeast Alabama Med. Ctr., 545 So. 2d 769 (Ala. 1989).[6] However, fall assessment and fall prevention planning is usually done by a nurse or other medical provider and it may be advisable to have an expert address this issue. In large part, the need for an expert will be determined by the facts of your particular fall. If the staff simply dropped the resident during a transfer, an expert may not be necessary. However, if the resident came in to the facility with multiple risk factors for falling[7] which were never assessed or care planned and he fell one day while wandering the hallway, you should retain an expert to discuss how the standard of care for fall prevention was breached. To establish causation, she will have to testify that if appropriate standards were followed, it would have, more likely than not, prevented the particular fall which caused injury to plaintiff. As this is an area of first impression in many jurisdictions, it is advisable to educate the court with a trial memorandum addressing experts and other issues prior to trial.

D. Other Theories of Liability

Attorneys who prosecute assisted living facilities have an opportunity to be far more creative in the prosecution of these claims, given the broad range of theories that are available. Below are some typical theories that can be advanced against an assisted living facility.

1. Common Law Negligence. This is probably the most common theory of liability advanced in assisted living cases. Make sure you do not plead breaches in medical or nursing standards of care, or you may face the argument that you have pled a traditional malpractice case. You can plead the breach of regulatory standards and/or industry standards which proximately caused injury to your client. As assisted living facilities are not health care providers, they should not be subject to caps or other discovery limitations (i.e., quality assurance privileges) that apply to traditional health care providers.

2. Violations of the Consumer Protection Act. Make sure to inquire of your client what representations were made as an inducement to enter the facility. Obtain the brochures that were handed out by the marketing representative. Most consumer protection statutes provide relief for misrepresentations which were made as an inducement to enter into the consumer transaction. Case law has allowed such theories to be advanced even against health care providers, so there should be no reason that this theory could not be advanced against an assisted living facility.[8] The advantage is that many states’ consumer statutes allow for the recovery of costs and attorney’s fees.

3. Adult Protection Act. Most states have statutes that have been specifically enacted to protect the rights of elder Americans.[9] Some states, like Tennessee, specifically exempt health care providers from the application of such statutes.[10] As assisted living facilities are not health care providers, these exemptions should not apply.

4. Breach of Contract. Almost all assisted living facilities will make their residents sign a contract as a condition of admission. Scrutinize the contract carefully, as it may contain waivers of liability or waivers of the resident’s right to a jury trial. Such waivers can be asserted irrespective of whether one pleads a separate breach of contract claim. Under the laws of most states, contract damages will be limited to foreseeable economic damages, so it would be disadvantageous to plead this as your only theory of liability. However, the contract may have required that certain services be delivered to the resident (i.e., activities, assistance with acts of daily living, 24 hour supervision) which were not, in fact, provided. The resident may have suffered no physical injury from the failure to deliver such services and the defense will argue that such evidence should be excluded at the time of trial. With the contract theory properly pled, plaintiff can argue that such evidence is admissible to prove contract damages and recover monies for services which were not provided.

Be wary that the defense may argue that since plaintiff failed to quantify the extent of services that were not provided, any award of contract damages would be based on speculation. As such, you should make an attempt to have your client provide a good faith estimate in percentage terms as to what services were not provided. However, if you have a strong negligence claim based on a discreet event (i.e., a fall causing a hip fracture) you may not want to confuse the jury with a lot of collateral facts and issues that may not have a strong bearing on your damages.

5. Negligent Hiring and/or Retention. Consider this claim where you have intentional torts committed by an employee and some evidence that the defendants knew or should have known that this was a troubled employee. Many assisted living facilities don’t adequately screen their employees. This evidence may not be revealed until the discovery process begins and it is essential that you obtain the employee’s personnel file early on in litigation so you can amend your complaint if necessary. Depending on the tolling provisions of your individual claim, the cause of action may still relate back because it arguably arises out of the same set of operative facts. It is also a good idea to sue the employee individually. The same defense firm may represent both the employee and corporation, making it impossible to argue that the employee was not operating within the scope of his employment.

6. Wrongful Death. In any case where there is evidence that the facility’s negligence caused or contributed to the resident’s death, a separate wrongful death claim should be asserted. If there is any good faith basis to conclude that the negligence contributed to plaintiff’s death, you should plead both survivorship and wrongful death claims. Any long term care case has greater value if you can argue that defendant’s neglect caused plaintiff’s death. You may also have separate claims for injury that in no way contributed to the resident’s death. Such claims should be pled with your survivorship claims. Research the law in your jurisdiction to determine what forms of damages are recoverable under a wrongful death statute. If you’re in one of those unfortunate jurisdictions that allow only economic damages, you may not want to plead a wrongful death claim.

7. Punitive Damages. As the nature of economic damages in an assisted living case may not be impressive, and as your client will likely have suffered from several preexisting conditions that may weaken your compensatory damage claim, you should, whenever possible, plead punitive damages. Successfully pleading a punitive damage claim will also provide you with the basis for exploring defendant’s conduct with respect to other residents who were neglected in substantially similar ways to that of your client. Cases from around the country have upheld such punitive damage claims against nursing homes, and there is no reason that such precedent would not apply equally to assisted living facilities. [11]

8. Americans with Disabilities Act/Fair Housing Act. The Fair Housing Amendments Act of 1988 (FAA)[12] prohibits discrimination in virtually all housing and related activities, whether such conduct takes place in the private or public sector. This law is complemented by the Americans with Disabilities Act,[13] which, while it specifically does not include entities covered by the FAA, applies to non-housing functions of a facility, such as common areas, meeting rooms, cafeterias, adult day care, or long term care under Title II (state and local) and Title III (public accommodations) programs.

E. Selected Case Results

A survey of reported cases reveals very few published cases throughout the country. This author has litigated fall cases, negligent admission resulting in pressure sores cases, and one case involving an unfortunate resident who caught fire in the recreation room. The manner in which he was ignited was never explained by the facility.

In one assisted living case taken to verdict in Virginia, plaintiff had fallen during the evening and was placed back in bed (with a hip fracture) by a nurse aid who denied the fall ever happened. Plaintiff was alive at the time the case went to verdict and required ongoing nursing care because of her injuries. The jury rendered a verdict of $1.5 million in compensatory damages.

A brief survey of published assisted living cases results and verdicts across the U.S., reveals the following:

1. Dick v. Bixby Knowles Towers; No. NC 021 371, verdict date 04/15/1998. Plaintiff was walking through the dining room when she felt hot coffee spill onto her neck, back and shoulder. She turned away from the coffee and stumbled and fell. One employee acknowledged holding two pots of coffee at the time of injury, but denied spilling coffee on the Plaintiff. Plaintiff suffered a fractured distal femur and first and second degree burns. Verdict was $378,990, with medical expenses totaling $128,000.

2. Wiggins v. St. John’s Terrace Homes, Inc. Docket No. 96-2705-CA; FJVR reference No. 98:7-55 (July 1998) Plaintiff, an assisted living resident, was seated at a dining table when a coffee pot burst open, pouring scalding coffee down Plaintiff’s leg. Verdict of $223,893.

3. Weiland, as Personal Representative of Louise Debenack, v. Alexandra & Co. of Boca Raton, Inc., d/b/a/ The Colonnade at Haverhill, Docket NO. CL 99-00066 AE; FJVR reference No. 01:6-54 Pub.(June 2001). Plaintiff found dead after she developed a UTI that became septic. Upon admission to hospital, plaintiff had a large hematoma which was not explained by the defendant. Settlement for plaintiff for $1 million.

4. Estate of John Doe v. Anonymous Assisted Living Facility. (Reported from the Michigan Trial Reporter, JAS Publication) Settlement of $1,350,000 for an elderly assisted living resident who died from burn injuries sustained while showering. Plaintiff’s theory of negligence alleged that defendant was negligent in not having proper temperature controlling devices for their residents.

5. Davis v. Premium Health Care, Inc. Docket No. 98-20263, Reference No. 01:8-12 (August 2001). Settlement of $300,000 for decedent who developed multiple pressures sores (including a stage IV) while in the facility.

6. Casaletto v. Helen Homes Corp., d/b/a The Palace Gardens, Docket NO.: 01-12468 BA 20; FJVR Ference No. 02:9-44 (Miami, September 2002) Defense verdict involving an 86 year old male who was admitted to an assisted living facility in May and suffered a fall in August of the same year. Plaintiff alleged improper admission and failure to properly supervise. Defendant contended that the decedent was a proper admission and that the level of supervision was appropriate in he ambulated independently. Both parties relied on experts in the area of assisted living administration.

7. Pollock v. CCC Investments I. LLC d/b/a Tiffany House by Marriot, Docket No. 01-16746, Ref. No. 05:3-9 (Florida 2005). Defense verdict involving a resident who was murdered by another resident. Defendant’s argued they had no notice of the other resident’s potential violent conduct. The jury found there was no negligence on the part of defendants that caused plaintiff’s death. They also found there was no violation of the assisted living facility’s resident’s rights under Florida statutory law. Defendant’s highest offer was $750,000 with lowest demand at $9,900,000.

II. Conclusion

As this is a new and evolving area of the law, attorneys who litigate these cases should strive to establish favorable precedents for those who follow. If the recent explosion in nursing home litigation is any indication, assisted living facilities could be the nursing homes of the future. As with nursing home litigation, the civil prosecution of these cases provides an important safeguard in protecting the rights of our elderly and assuring that proper standards are followed in the industry.

[1] Mollica, Robert L. State Assisted Living Policy: 2000. Portland: National Academy for State Health Policy, 2000, Executive Summary.

[2] Issue Brief, Health Policy Tracking Service, National Conference of State Legislatures, October 1, 2002.

[3] Based on a study done by AARP that randomly shopped some 80 assisted living facilities, a pattern of discrepancies was found between what representations were made in the marketing materials versus promises made in the admission’s contract. Two previous surveys that compared marketing materials and assisted living contracts, one by the American Bar Association’s Commission on Legal Problems of the Elderly Consumer Reports, and the other by the U.S. General Accounting Office, revealed similar problems. Adrienne Oleck & Bruce Vignery, Nurture or Neglect? Challenging Deceptive Practices in Assisted Living Facilities, CONSUMER ADVOC., Jan. 2001, 7(1).

[4] See, 42 C.F.R. 483.10 et seq.

[5] Montana law prohibits assisted living facilities from admitting patients who, inter alia, are non-ambulatory, in need of physical/chemical restraints, or unable to self-medicate. MONT. CODE ANN. § 50-5-226 (2002); Florida law prohibits admission of residents who are bedridden, those who have stage III or stage IV pressure sores and those residents who may require 24 hour nursing care. FLA. STAT. Ch. 400.407 (2005).

[6] In Walker, there was evidence that a patient had a history of falls and further that the patient’s doctor had instructed the nurse to leave the bed rails up at all times. A nurse lowered the bed rails and the patient fell. The court held that the plaintiffs were not required to present expert testimony because the breach of care alleged by the plaintiffs, leaving the bed rail down contrary to doctor’s orders, was so apparent as to be understood by a layman.

[7] Risk factors for falling could include dementia, confusion, unstable gait, prior stroke, arthritis, medications usage, history of falls, history of agitated behaviors, vision problems, and weakness or muscle atrophy.

[8] Dorn v. McTigue, 157 F. Supp. 2d 37 (D.D.C. 2001) (holding that District of Columbia Consumer Protection Act applied to the medical profession); Chalfin v. Beverly Enters., Inc., 741 F.Supp. 1162 (E.D. Pa. 1989), reconsideration den., 745 F.Supp. 1117 (E.D. Pa. 1990) (health care services provided by a nursing home were within the scope of “trade or commerce” provisions of Pennsylvania consumer protection laws); Winkler v. Interim Servs., Inc., 36 F. Supp. 2d 1026 (M.D. Tenn. 1999) (Disabled Medicare beneficiaries’ claims against home health care provider for violation of Tennessee Consumer Protection Act were not exempt on the grounds that the provider’s termination of services was regulated by the Medicare Act, given the alleged claims did not arise under the Medicare Act).

[9] According to the National Center of Elder Abuse, www.Elderabusecenter.org/laws, all fifty states and the District of Columbia have enacted legislation authorizing the provision of adult protection services in cases of elder abuse. The statutes vary widely on definitions of abuse, investigation responsibility, and remedies for such abuse.

[10] The Tennessee Adult Protection Act, TENN. CODE ANN. § 71-6-101 et. seq. (2002) does not apply to actions against “health care providers,” as defined in the TENN. CODE ANN. § 63-6-228 et. seq. Alternatively, Tennessee’s Medical Malpractice Act provides the statutory authority to suits against health care providers.

[11] See, Texas Health Enters. V. Geisler, 9 S.W.3d 163 (Tex. App. Fort Worth 1999) (repeated shortages of staffing and other acts of negligence supported punitive damage award against defendant); Estate of McIntyer by & Through Ex’r v. Transitional Health Servs., 1998 U.S. Dist. LEXIS 13965 (M.D.N.C. May 1998) (holding that defendant’s knowledge that it was operating in serious violation of several health codes and that it took very little, if any, action to remedy those violations might reasonably be found to constitute reckless indifference to the rights of their elderly residents with varying medical and non-medical needs); Beverly Enters. – Florida v. Spilman, 661 So. 2d 867 (Fla. Dist. Ct. App. 5th Dist. 1995) (testimony that expert was “outraged” at poor level of care of resident who developed and died from an infected decubitus ulcer supported punitive damage award against corporation and management company). See also, Christopher Vaeth, Allowance of Punitive Damages in Medical Malpractice Action, 35 A.L.R. 5th 145 (1996).

[12] Fair Housing Amendments Act, 42 U.S.C. § 3601 et. seq. (2000).

[13] Americans with Disabilities Act, 42 U.S.C. § 12101 et. seq. (2000).

About the Author

Jeffrey J. Downey - an attorney who has written extensively on the long term care industry and trial practice. Mr. Downey practices in Washington D.C., Maryland and Virginia representing victims of elder neglect and other torts.


For more information on how to select a nursing home / assisted living facility, or if you need someone to talk to about your legal rights, call the Law Office of Jeffrey J. Downey at (202) 789-1110 or visit us on the web at www.jeffdowney.com

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Where Can I Get My Free Credit Report and Other Questions Answered

You can get your free online Experian Credit Report at the FreeCreditReport web site when you sign up for a free trial of Triple AdvantageSM Credit Monitoring. Simply fill out your information for identification purposes, answer a few questions and your credit report will be available to you on-line, in no time at all, once your identity has been confirmed.

Your Username and Password will enable you to view your credit report on some of these services for 30 days over the Internet in the most secure environment that they can provide. You will also have access to an array of benefits located in services like - My Credit Center.

Getting your free Credit Report and Credit Score is the first step in knowing your credit. Monitoring your credit report allows you to stay on top of your credit on a daily basis.

You should do this to take the guesswork out of what/'s happening with your credit.

Your credit is one of your most important assets. Having good credit means you should have more options to borrow money at the lowest cost and from the best lenders. It also means that others who look at your credit such as landlords, insurance companies, or even prospective employers re less likely to turn you away or penalize you because you have poor credit.

Your personal credit report contains such information as your name, current and previous addresses, phone number, Social Security number, date of birth, and current and previous employers. Your spouse/'s name may appear on your version of the credit report, but it will not appear on the version that is provided to others. This information comes from your credit applications, so its accuracy depends on your filling out the forms clearly, completely and consistently each time you apply for credit.

Creditreport.imess.net is worth a try. Many people say they have used it to monitor their credit and some have said that they also cleaned off some bad items from their credit report. You can apply for a free initial plan and get your scores and reports for free.

In all your thoughts about credit reporting do keep in mind there are 3 reporting agencies. If you keep track of when you pull each of the three then you can spread it out to one every 4 months. That would be ideal if you could do that.

Freecreditreport.com, Experian, Transunion, Equifax are all in it to make some money from providing these reports. So many people are asking where they can get a genuine free credit report without having to give up my credit card information and sign up for some monthly membership or a dumb "identity theft monitoring alert" service?

Unfortunately, in order to get your credit report a lot of the websites ask for your credit card information. They do that so when you sign up for a free trial if you don/'t cancel within that time they can charge your account. Myfico.com is one of the best ones out there. I understand that users have reported that they signed up for there free 30 day trial and also cancelled it before the 30 days was up and indeed didn/'t get charged anything.

What is a free credit report?

The answer lies in the last three words of your question and is self-explanatory. A free credit report is when a credit bureau provides an individual a copy of their credit report without a charge.

It/'s exactly what it says it is. A free credit report.. in other words, you don/'t have to pay for it.

Am I entitled for a free credit report?

I am not sure whether this is correct, but I have been told that residents of Colorado, Massachusetts, Maryland, New Jersey, and Vermont are entitled under state law to one free report per year from a credit reporting agency. If you are a resident of Georgia, you are even entitled to more reports at two each year.

This is very useful especially if you have been denied credit on the basis of information in a credit report.

Who is eligible?

I am not a legal expert but I did find a statement on the web that said that based on the Fair Credit Reporting Act, sections 612 (b), (c), and (d), you are entitled to one free credit report per year directly from a credit reporting agency only if you certify that you are unemployed and seeking employment in the next 60 days, you are receiving public assistance, or you believe there are inaccuracies in your report due to fraud or have been denied credit because of information on your credit report. To get your free credit report, go directly to a credit reporting bureau and have proof of the criteria that entitles you to receive your free credit report.

Information here should not be construed as advice and it is offered without legal responsibility or liability. It must be emphasised that you should consult a professionally qualified individual or company (such as an accountant, financial adviser or solicitor for example) should you need advice on your financial situation, as they will be able to tailor their advice to your situation accordingly.
About the Author

Find out the true Free Credit Report Secrets and know more than 95% of the public about what the lenders know about you! Or, for something completely different visit our Dog Breeds web site.

Immigration Lawyer - From F1 Student Visa to Green Card by Marriage to US Citizen

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Wednesday headlines from 13abc Toledo
Numbers released of damage in June 5 tornadoes, teen survives Mich. plane crash, shed fire in Defiance...
Saudi Arabia.

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Attorney questions and answers

a case is dropped, should a defendant have to pay attorney fees and court cost?
even if it never went to court AND the defendent didnt hire the opposing attorney?shouldnt be right if you have to as there was no judgement passed in favor of either side. DID YOU PAY THE ATTORNEY IN ADVANCE? DID YOU SIGN A CONTRACT?.

a four year old bill i got sick couldn't pay last year was granted ssi for a disability. Court papers not in
name, but they keep serving me, once i pay an attorney and take him with me, the courts will change the name on the papers to my name right? My guestion is once they see i've only.

A lawyer overcharged me. What can I do? I live in Texas.?
This attorney knew that we were going to drop him and he overcharged us with a big bill at the end. Attorneys seem to have all of the leverage. I live in Texas. What did he overcharge you for? Usually a lawyer tells you before taking your.

A question on ethics?
If I were an attorney at a firm that was to represent a plaintiff in a civil suit and I found that one of my partners owned 500 shares in the buisness of the defendant and another partner represented the co defendant in a child custody battle 10 years ago, would either of these create.

About jail.?
My boss has been in jail for a week. He said that his attorney didnt show up to court last friday so the judge held him in contempt. Is that possible? Someone is being untruthful. If your boss showed up in court for a proceeding where he was the defendant, he could not be jailed for his.

adoption procedures ?
I am going to be adopting a baby and the birth mother wants us to take it home from the hospital. Does anyone know what procedures need to be done to insure it is done legally? We do not have an agency involved in the process. You must either have an attorney or an agency to.

Do I have the ability to bring legal action against my attorney?
Our (chapter 13 bankruptcy) attorney failed to subimit documents to the court. He directly lied to us and told us that he did. We're in the last year of bankruptcy and in need of purchasing a car. He told us almost 3 weeks ago that he submitted.

Do I hire this 1K attorney or file this divorce myself with a kit after 11 yrs and 3 kids & no assets?
The History: Married 11 years ago, he started drinking heavily by the 2nd year of marriage. The drinking turned into long days/nights gone.I was at home w/ the kids carless, no phone at times. He finally.

Making out a will?
My husband of 12 years is part owner of family farm 3 brothers 1 sister, And he has an inheritance coming are question is this, he has no will, Can we make one or do we need an attorney? If something happened to him I would be booted out faster than you could say bye,.

Maryland Divorce Lawyer?
I am getting a divorce in Maryland and need to know of a good place to locate an attorney. I don't want to ask for a referral from any of my work folks because I'm still a little uncomfortable about the whole thing. I tried the bar association but no one ever called me back. Can.

Michael R. Green, attorney,Tulsa, is not listed on Martindale-Hubbell. What does that mean?
Nothing significant. He may have been in practice less than 5 years. You don't get rated until you have 5+ years. He may have chosen not to pay the outrageous price Martindale-Hubbell charges. The best way to find an attorney is to ask everyone you.

My child in Florida wants me to file for custody of her, she is over 14. Where can I get free legal forms?
I already know its her choice and etc, and that a judge will privately ask her etc. so, I cannot afford an attorney, and need the forms, i know you can get them online free, but.

My girlfriend was in a car wreck and pregnant her friend was driving and its her fault what will her claim be?
Claim against the girl friends insurance company. Medical bills, pain and suffering, loss of employment and any thing else that your attorney can dream up. This could pay for the wedding. - Not enough information to.

My husband just recieved a writ of execution.what can they take? Can they take what I purchased before marriag
you better get an attorney fast, in most states whats yours is his and if you put his name on it as an owner then yes they can. - They cannot take what you received before marriage, or anything.

My mother and stepfather died with no will?
my mother died on 11/19/06 because of that it was my responsiblity to look after my step-father due to health issues. He gave me power attorney to take care of things on his behalf.he has no children just me, he changed me to sole beneficary on his life insurance in place.

My mother is on ssi/ medicaid in nm. does anyone know the 'spend-down' policy if she receives an inheritance
Dana, I'm a N.M. attorney and was appointed to represent an 87 year old woman in a nursing home. There a ton of nuances to what allowable assets she can have, but the cash amount is about $5,000. She.

My only sibling has signed power of attorney ,over to an accaintance and he is now in jail for 6yrs?
he owns a business in fl, and has personal assets, that i dont want the poa holder to get ,they havent known each other long, and has been running business since recent incarceration any suggestions? i live in mi..

NEED A LAWYER for Laparoscopic hernia repair and 3 bowel perforations?
If there any attorneys or anyone know of an attorney please, I would appreciate your help. I had a laparoscopic hernia repair along with gall bladder removal, and my small intestine was nicked 3 times. I developed sepsis and peritonitis and was hospitalized for one mth. I have.

Need an attorney to handle privacy act violation in or near springfield ky?
need to know if have a possible case for someone in the medical field giving out personal and confidential medical information without consent or knowledge If you need an attorney that handles privacy act violations try doing a search from the site below. I would put.

Need help getting a affordable attorney?
I live in dallas, texas and i need to find a attorney that i can afford to pay. I'm a mother who is trying to get her kids back (having a custody issue) and having trouble because its hard enough maintaining my house and trying to save for an attorney. Can someone help.

Needing some information about my power of attorney..?
i have a general POA for my husband who is deployed. i am trying to sign an application for free complimentary $2,000 ADD coverage through our credit union. the CU is saying that they can't accept a POA. i have the legal aid office checking on this, but i won't get.

On o.j. not being able to eat in restaraunt question?
o.j. simpsons attorney is upset over this and says he is gonna sue the restaraunt owner.who will win in court?.the owner?..does he have the right to serve who he pleases.Or.o.j..is that discrimination and racist. Maybe the owner decided his presence was causing a disturbance and the safety of the.

Once a bankruptcy is discharged - can it be reversed?
I was discharged from bankruptcy almost 2 years ago and now the Trustee is asking for alot of detailed information that I had already given my attorney in 2005. The 'Original' attorney I hired left the law firm and the 'New' attorney couldn't locate most of my file. If.

Opening Statement as a defense attorney?
How would I be able to make an opening statement that lasts about 3-4 minutes out of this paragraph said by the defendant: 'How in the world would I ever know that there might be a shell in the can of oysters I sold this lady, and how did she rely on my.

Other than being an attorney, what other carrer opportunities are available for law degrees?
or anything having to do with attorneys or judges There are many with law degrees that have ventured into mass media--particularly TV. Many of the analysist on the news programs have law degrees. There are even a few are announcers for automobile races. Also they.

Overseas Pennsylvania Power of attorney U.S. Consulate?
Need an online form I can fax to Vietnam. Need to mortgage the house, it's in my brothers name, but he's overseas and won't be returning, Thus I need a power of attorney. The online forms I see are for in state notaries. What form is adequate for Pennsylvania that would be.

Paul Begala, former Clinton White house figure defined Bill Clintons 'excellence' in the U.K. telegraph?
(quoting)Paul Begala, another key Clinton White House figure, said: 'President Clinton excelled as attorney general and governor of Arkansas, he excelled as president and he's been a model of the modern Senate spouse.' is this what he meant? - The only president ever impeached.

Please Answer Only If You Are A Lawyer or Judge: What exactly is the job of a public defender?
As was answered earlier, a public defender is an attorney appointed to represent an indigent person accused of a criminal offense. Indigent persons have had a right to counsel in all 50 states and at the federal level since.

PLEASE HELP this is very important seriously..?
someone close to me rec'vd an email from a man saying that he is a attorney of a man that passed away with the same last name as my friend and that my friend can get the money from the deasced man. i guess the attorney was left money but he cant.

More law questions please visit : LawFreeFAQ.com

About the Author

LawFreeFAQ.com

Should I Be Getting Paid Overtime as a Salaried Employee?

On many occasions, employees come to me who are working dozens of hours for their employers, but are not getting paid overtime.  I ask them why and the response is , I'm salaried or I'm exempt.  However, you should be aware that just because your employer calls you salaried or exempt does not necessarily make it so as a matter of federal law.  I mean, if your employer calls an apple an orange, it does not make it so, right?

In many instances, employers will call an employee exempt and pay them a salary merely to avoid having to pay their employees overtime.  Getting your employee to work for as many hours as possible for no additional compensation makes good business sense, right?  But its not fair to employees.

So the question for you to determine and ask the U.S. Department of Labor or an employment law attorney is whether I am really an exempt salaried employe or not.  This is not a simple question and the body of Federal law that governs this area,  the Fair Labor Standards Act or FLSA, is complex.

On of the areas that an employer is entitled to pay an employee a salary and call them exempt is if they are in a management or executive type of position.  There are a number of guidelines issued under the Fair Labor Standards Act which determine whether or not you are really a manager who should not get overtime.  I have had many clients where they were called "assistant manager" by their employer to avoid being paid overtime, but according to law should have been paid hourly with overtime.

With few exceptions, to be exempt an employee must (a) be paid at least $23,600 per year ($455 per week), and (b) be paid on a salary basis, and also (c) perform exempt job duties. These requirements are outlined in the FLSA Regulations (promulgated by the U.S. Department of Labor). Most employees must meet all three "tests" to be exempt.

An employee who meets the salary level tests and also the salary basis tests is exempt only if s/he also performs exempt job duties. These FLSA exemptions are limited to employees who perform relatively high-level work. Whether the duties of a particular job qualify as exempt depends on what they are. Job titles or position descriptions are of limited usefulness in this determination. (A secretary is still a secretary even if s/he is called an "administrative assistant," and the chief executive officer is still the CEO even if s/he is called a janitor.) It is the actual job tasks that must be evaluated, along with how the particular job tasks "fit" into the employer's overall operations.

There are three typical categories of exempt job duties, today I am just going to discuss executive or management level job duties.

Job duties are exempt executive job duties if the employee

1. regularly supervises two or more other employees, and also
2. has management as the primary duty of the position, and also,
3. has some genuine input into the job status of other employees (such as hiring, firing, promotions, or assignment of job tasks)

"Mere supervision" is not sufficient. In addition, the supervisory employee must have "management" as the "primary duty" of the job. The FLSA Regulations contain a list of typical management duties. These include (in addition to supervision):

• interviewing, selecting, and training employees;
• setting rates of pay and hours of work;
• maintaining production or sales records (beyond the merely clerical);
• appraising productivity; handling employee grievances or complaints, or disciplining employees;
• determining work techniques;
• planning the work;
• apportioning work among employees;
• determining the types of equipment to be used in performing work, or materials needed;
• planning budgets for work;
• monitoring work for legal or regulatory compliance;
• providing for safety and security of the workplace.

Determining whether an employee has management as the primary duty of the position requires a case-by-case evaluation.   This is why if you have any doubts, you should consult with the U.S. Department of Labor or with an employment law attorney.

Will try to cover over the next couple of days some of the other FLSA exemptions.  A listing of many other exemptions contained in the FLSA are on the U.S. Department of Labor web site at http://www.dol.gov/elaws/esa/flsa/screen75.asp.

Don't let your employer take advantage of you.....get the overtime you deserve.

About the Author

Scott M. Behren is an attorney licensed to practice in the State of Florida for 17 years.  He practices throughout the State in all state, appellate and federal courts.  His practice is in civil trial work with a focus in employment litigation.  Mr. Behren has spoken nationwide on issues of employment and business litigation and has been published in numerous magazines and periodicals.

Worker's Rights - Take Back The Courts

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GCSE business exam query?

In a GCSE business exam there is a topic of employment and the law. There are so many different acts which protect workers and employers, so do you think I need to learn the years the act was introduced or just the name?
For example, could I just write Sex Discrimination Act, or should I write Sex Discrimination Act 1975?
Do you think I will get marked down for it?

You don't need to know the years, and you don't need to know all the laws as in the exam they usually state them or only ask you to explain a few of them. Don't bother with learning the years, and don't bother learning every act perfectly, just learn a few of them in detail so that if you get asked a question in the exam you can focus it on the ones you've learned. most of the acts are common sence really as you can tell what they are just by its name.

Hope this helps

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Police Officer Oral Board Interview Secrets - What You Need to Know to Get the Job

In the past it was extremely difficult attracting qualified police applicants, however with the recent drop in the economy more and more people are realizing that the private sector is not as stable as they thought. And as a result, many people are now focusing on the security of government jobs. Because of this there has been an increase of people applying to become a police officer. It's not uncommon to see as much as a thousand applicants for a few openings. It's become extremely competitive here lately, and you must be prepared.

For the many people who hadn't considered a career in law enforcement up until the economy tanked, they have been finding themselves behind the curve ball, unfamiliar with the hiring process. Many of these police applicants are intelligent folks that can pass the police civil service exam and they're in decent enough shape to pass the agility test.

But the roadblock for a lot of these people seems to be the police oral board interview. This section of the hiring process seeks to assess the reasoning and judgment capabilities of the applicant through a series of tough, and straight forward scenario questions. The truth is, these police oral board interviews are responsible for eliminating more police officer applicants than all other portions of the hiring process combined!

Many applicants are well rounded people, but because of the differences between their past employment experience and that of police work, they had a tough time with the judgment, and decision making scenarios during the interview.

Here's how to prepare yourself:

Basically, get familiar with the types of questions that are going to be asked during the interview, and then practice answering them over and over again. There are common questions that all departments no matter where you live will ask you. They might be worded differently but they are all the same questions. You can find out some of the questions by simply asking your local recruiter or visiting police officer forums. Simply Google police forums, and you'll find plenty of active police officers willing to help you.

Whether you're preparing for your first Police Oral Interview or retaking it after you've bombed the first one, you must get prepared. You can do this by getting a comprehensive list of the most commonly asked police interview questions and answers here: http://www.PoliceOralBoardInterviewSecrets.com.

About the Author

Officer Forestal has a bachelor's degree in criminal justice, 8 years law enforcement experience and is a graduate of the 2002 Police Corps, where he was recognized as an expert shooter. Former Collegiate all-American, certifield personal trainer and author of several fitness and police related books such as the Police Oral Board Success Guide, and Police Exam For Dummies. As a Law Enforcement enthusiast, E.L. has helped hundreds of candidates "ACE" their respective entrance exam and the oral board interview.

Scott Parks’ Wish List for Dallas Schools

Scott Parks is the education columnist for the Dallas Daily News. He had some interesting items on his January 2007 wish list for the Dallas schools. Some are poignant and in dire need. Some are possibilities during this new year. Others are down right wishful thinking without much chance of succeeding, regardless of the need. Here are only a few items from his wish list for 2007:

• Bilingual Education Programs. Parks would like Governor Rick Perry and the Texas legislature to standardize the teaching of bilingual and “English as a second language” students. Currently, the bilingual education programs are different from district to district. All students should learn English as soon and as quickly as possible. Otherwise, the bilingual students are held back from succeeding only because of the language barrier.

• Dallas Schools Leadership. Parks cited several wishes from the Dallas schools leadership:

o Board of Trustees & Superintendent Hinojosa. Though the Dallas schools’ board of trustees is stronger now than in the past, Parks believes that Superintendent Michael Hinojosa is the district’s best hope for getting the Dallas schools back on track. Hinojosa also has the support of business leaders and the public. Parks was encouraged that trustees Edwin Flores, Jack Lowe and their board colleagues now are focused on education, rather than politics, as in the past.

o Texas Association of School Boards. The board of trustees should reject the TASB’s recommendations. Instead, board members regularly should visit individual Dallas schools, themselves, speaking with both teachers and staff. Then, they will know firsthand what is truly happening within the Dallas schools. Parks makes an accurate point that the Dallas schools’ superintendent and Dallas schools’ board are not a team. The Dallas schools’ board is the boss, and the superintendent is “a valued employee” — and the TASB is not part of the Dallas schools district.

o Special Education Students. Parents of these children have enough to do above and beyond the typical parent. Dallas schools’ administrators need to team with these parents to help them understand what the law requires the Dallas schools to do for their special needs children. The current attitude that parents of special needs children are the enemy, who may potentially bring lawsuits against the Dallas schools district, is only hurting the children and their education. As Parks noted, “It’s the right thing to do.”

o College Preparation. Somewhere along the line, someone decided that if a child did not attend college, he/she would not succeed in life. Not all children are meant to go to college. Some do very well in careers that began in high school vocational education programs. Neither my daughter nor my son graduated from college — their choice, even though we discussed at length the benefits of a college degree. They each earn more than $60,000 a year — one is self-employed and the other works for a computer-related company that nearly rivals Microsoft®. My children proved me wrong and proved Parks correct — not all children are meant to go to college in order to succeed. So, stop focusing only on college preparation and refocus some of the energy and resources to provide solid vocational education programs.

o Textbooks. The law requires that every student receive a textbook for the course they take. Some secondary Dallas schools fear too many children will lose or damage the books, costing them some of the precious funding they receive each year for their meager budgets. Children learn better, when they can take textbooks home to study — give them out.

Additionally, lawmakers continually advocate the replacement of textbooks with laptops. Stop it! I fully agree with Parks’ assessment of the situation. He believes a course in media literacy should be required for all high school students within the Dallas schools. They need to be able to analyze the barrage of advertising aimed at them now and in the future, as well as to understand current events and the unobjective biases built into the reporting of the news by the owners of the media.

o Freebies to School Leadership. Nothing should be taken from companies wishing to sell products or services to schools, even a free lunch. This should apply to administrators, superintendent and board members. As Parks cited, “It looks bad”.

• Teachers. It is understandable that teachers are under a lot of pressure to meet prescribed standards set by federal, state and Dallas schools’ officials, not just to meet funding requirements but also performance goals to keep schools open. Because of this, the Dallas schools are losing many excellent teachers to the business world, where they are amply compensated for the headaches. Parks wish is for these great teachers to focus on the challenges and rewards that first got them interested in teaching, continue teaching because so many children need them, and stop obsessing about those things that have little to do with the reason they became teachers in the first place.

• Parents. Too many times when a child gets into trouble at school or receives an undesirable grade, some parents conclude that the teacher is at fault or picking on their child. Like you, parents, the teachers have a hard job to do in seeing that your children obtain a valuable education. It is time for parents to team with the teachers to ensure each child works hard and receives an education that will take them far in life. I remember my son always complaining that a particular teacher was picking on him. When his report card arrived, he was failing English and reminded me that the teacher did not like him. Unfortunately for my son, I had this same teacher in seventh grade English and knew the integrity of the man. His next report card had a much better grade on it. So, parents, first assume the teacher is right and then discuss with them and your child how to resolve any problems with grades or discipline.

One of Parks’ best points concerns private sector companies and volunteers. Dallas schools’ students need as much encouragement to succeed as can possibly be given them. Presentations and mentoring by these private sector volunteers will give our Dallas schools students not only encouragement but ideas for opportunities that come from those who are there.

About the Author

Patricia Hawke is a staff writer for Schools K-12, providing free, in-depth reports on all U.S. public and private K-12 schools. Patricia has a nose for research and writes stimulating news and views on school issues. For more information on dallas schools visit www.schoolsk-12.com/texas/dallas/index.html

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Aiding and abetting illegals: Misdemeanor, or felony?

Should there be fines and legal penalties for knowingly aiding and abetting illegal aliens attempting to circumnavigate immigration and employment laws, and other relevant aspects of state and federal law? We, as citizens, are expected to abide by, and live within the law, how are illegal aliens from ANYWHERE somehow magically exempt from this? Is there a disconnect in our own government somehow as to what 'legal' means, are we back to defining 'is'?

Felony.

Ledbetter v. Goodyear Equal Pay Hearing: Lilly Ledbetter

Laws questions and answers

Non Americans for stricter gun laws in America, please answer this?
I don't expect you to have a different conclusion if you've done this, but I would like to know if you've ever given thought to why so many of us prefer non highly restrictive gun laws. In my observation, most of you judge guns either by crime rates.

Now What to do?
The day before yesterday, the greatest amok shooting massacre in the history of this country unfolded before a very unsuspecting, surprised, and shocked community in Blacksburg, Virginia. But Sen. Harry Reid, a democrat, along with others who should now be in a very good position to make significant changes in laws that are undoubtedly at.

Ok but what does the Executive Branch deal with besides Bush like what kind of laws?
When someone asks this kind of question, it makes me wonder where you went to school. If it was in the US you have had 12 years to study this. There are three branches of government.. The Legislative, the Executive and the.

Once convicted i think all peadophiles should be hung do you?
why do we put up with the stupid laws when our kids are not safe I would not go saying this in Vermont. you would be public enemy #1. O'Rielly all tho a big mouth at time who loves to hear himself talk, does have my respect for.

Opinions on gun control laws?
What are some of the pros and cons of current gun control laws? What can we do to improve them for the safety of citizens? Thanks in advance! People see things like this happen and think that it would not if no one had guns. That is entirely unrealistic as they do exist in.

Outrageous!! 9 month old baby having a firearms license!?
This is true! A baby in the USA holds a firearms license. It has a photo and a scribble from the baby.Considering recent events (shootings) do u think it beyond stupid that this can occur?. Here in Australia we have strict gun laws so that no child under 12 may.

Overly strick gun laws?
I consider myself generally conservative and as you may guess I am against overly-strick gun laws. But i want to know if i am the only one who thinks that it is outrageous that a person who was sent to a mental institution by a judge because he was considered to be a threat to.

Overtime laws in Florida?
Does anyone know about the overtime laws in florida. I work in a private nursing home in jacksonville and the employer does not pay overtime. I don't work anything over 40 hrs a week because of it. Does anyone know if it is legal in the state of florida or does the employer have choice.

Parental attention to detail the 'video game rating system' and why its failing?
I offer you one example of parents trusting a govenment establishment to do some of their parenting in the form of the F.C.C's so called 'video game rating system' It was a waste of about 300 million(over 5years) dollars to enact laws that NO ONE fallows,.

Paris Hilton & Sylvester Stallone - Granted countries have different laws, but what if Sly smuggeled into US?
Granted Sly had a 'prescription' from his private doctor for the human growth hormones, but no average doctor would give anyone a prescription for 48 viles of the stuff. To plead that you didnt know he was doing wrong, give me.

Payroll laws?
The company I work for didnt deposit my check( along with alot of other peoples) in my account when they were sposed too. What can I do to hold them accountable I am gathering from your question, that you must have a payroll direct deposit program at your place of employment. If that be the case, you.

People are ciritial of our gun laws, but without them are we safer?
There have been people pointing to England and their gun laws, and that they are safer. While their strict gun laws make gun crime considerably less, their violent cime is nearly 5 times more than out. In the US in 2005, 5.6 out of every 100,000.

People I work with have aids?
I am curious if the employees should be aware of this and if there is any laws out there that I should be aware of considering this situation? I work for the penal system and per federal law we are not allowed to know if the inmates are carriers of any diseases because.

People of California help me understand your child predator laws, please?
Hi everyone, I have a question for people in California that know about child predator laws. Okay, so a grown man talked to a 14 year old girl on the internet, and says they 'just talked', but got into some trouble because of it. Now he only gets.

Petitions for Paris Hilton?
Why is it that there are petitions for people who don't respect the rules and laws of this country to sign in favor of Paris Hilton and there aren't any for people who think she should be punished like everyone else. And why do these petitions matter anyway. SHE VIOLATED HER PROBATION. People want to.

Please clarify this for me. its about labour laws at work.?
an employer gets some material(video) which he intents to use agaisnt you on an allerged offence at work. It appears that the offence was committed under or as a result of the conditions set by him,intentionally or otherwise. conditions under which it is imposiable to conduct urself in.

Poll tax,literacy test, or grandfather clause?
which one of these various groups have won the right to vote? The first answerer is right. These aren't 'groups'. They're unConstitutional segregation laws in place in the South before the Civil Right movement. These laws all made it impossible for Blacks to vote. They have all been held to violate the 'Equal.

Possession of ecstasy results in a manslaughter charge?
Im a teen and I consider myself prety bright. Of coarse, all the kids in High school like to make up these laws that dont exist. Some keep saying that if you get caught with ecstasy the drug, get charged with manslaughter. I know this cant be, can anyone shed some.

Property laws?
I bought a house about a month ago and the previous owners left some lawn and garden machinery there. The neighbor says that the previous owner is planning to come back to get these things. My question is ' since these things were not mentioned anywhere in the contract and were left there after the final signing.

Public s e x?
Im curious.if say, you got caught doing acts of a sexual nature in public and someone called the police out, what would they do? would you be given a warning, arrested, fined, etc? Sounds like you got caught?LOL All states , territories ,and provinces have moral laws , so depending on what happened and where.

Question about carrying a gun?
I have a gun and i know when transport a gun it has to be in your trunk under lock and key. I was just wondering if you can carry it in your backpack when i ride my motorcycle? It depends on the laws of the state where you are transporting the gun. In.

Question about landlord tenant laws in NJ?
I receive section 8, i lost my job and was late with my rent..it is all paid except some late fees..i have court on monday.. i found this on the NJ law Q&A page: Likewise, tenants who participate in a H.U.D. subsidy program are entitled to the additional protection of federal laws.

Question about laws in CA about 30 day notices and other laws.?
Hi! Okay - 1. I have lived in Santa Cruz for 2 years at the same place 2. They sold it to build condos 3. They gave me a 180 day notice to vacate 4. Gave 90 notice for me to refuse purchasing the condo 5. I.

Question about marital property laws?
My ex has a problem. (We are reunited after 18 years.) When he and his second wife divorced, he walked away and left her everything. The house, the new car, the furnishings, etc. In the divorce decree it was written in that she was supposed to refinance the house under her own name and.

Question for people in Cali, child predator laws.?
Hi everyone, I have a question for people in California that know about child predator laws. I'm asking because I know since the whole Dateline 'To Catch a Predator' has become such a hit, California laws have been beefed up. Okay, so a grown man talked to a 14 year old.

Question?
When a person from country 'A' commits a terrorist act against persons or property in country 'B,' should the laws of A or B apply (always, no 'it depends' answers). Your question doesn't provide clarity for a finite answer. If 'B' Commits a crime against 'A' should 'A's' laws be applied to 'B' even if 'B' lives in.

Questions that i need help with from the constitution test!?
1.) T or F - under the U.S. constitution the Executive branch of the federal goverment has the power to make laws? 2.)T or F - the preamble to the U.S. Constitution declares that the federal goverment is established by the state 3.)T or F - it is a.

Rampage at Virginia college?
As a European, I have a different view from the American one that people have the right to hold guns as means to defence. I'm astonished that after the event Bush stated: 'The president believes that there is a right for people to bear arms, but that all laws must be followed' Is he so.

Re ticket: add that cop didn't stop me when I supposedly was speeding - 15 minutes later near house.?
ok - Oh, sob, sob, sob! (Much tearing of hair and beating of breast). Just pay the ticket and obey the speed laws. - So? if a bank robber gets away does that mean they cannot be caught and.

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Question Time debate - Human Rights in a post-election UK

How to avoid a costly hiring mistake
You only have a limited amount of time to interview each candidate. Use it wisely or it will cost you — oftentimes more money than you think. United States - Business - Business Services - Home - Personal Finance
Laid-off lawyers use obscure law to sue for severance

Will Obama EMBRACE the Court's ERADICATION of REVERSE DISCRIMINATION or will Obama DEFEND his QUOTA system..?

Obama as a poster child of Affirmative Action, what you can achieve simply based on your color rather than your qualifications and experience, will he acquiesce with the will of the Court or will he challenge it?

Oh he will defend affirmative action and color discrimination(black on white) for always..... it got him elected... the blacks are counting on him to make their lives better... Didn't you see the crying thousands at the inauguration.. saying how good their lives would be now that a black was in the White house?

Oh no, he will not stop until the blacks, even tho there are less of them in this country.. are dominant in every facet of the society whether they earn it or not.

When a black kid can get in to college without the proper educational background.. just because he is black.. over a white or , red or yellow kid.. then something is wrong.

And yes.. Obama made it that way.. so did his wife...he will keep it.. even if it isn't and has never been fair.

Human Resources : Federal Labor Law Poster Requirements

Do people have a right to know the exact reason(s) for when they have been denied employment?

If you were denied employment by a company, is there a law that requires that company to tell you why? Something like this happened to me, and I was wondering if I am legally able to request this from the company that decided not to choose me. I need it for a defamation of character claim against someone else. I live in Florida.
I mean via a background check!! You have to sign a consent for a background check, and in that page long document, it says you have a right to find out why u were denied employment!
(I'm not talking about qualifications, etc.)

If the denial of employment is based on something that was discovered in your background check then, under the Fair Credit Reporting Act, the company is obligated to disclose that your background check was the basis for your denial of employment and provide you with a copy of the background report unless the job is in the transportation industry and the employment application was not made in person, in which case you are still entitled to receive the name and contact information of the agency that provided the information.

They are also supposed to provide you with a summary of your rights as set forth in the FCRA with regards to the reporting agency.

If you believe that there is false and defamatory information in your report you can dispute the information with the agency and the agency is required to either remove the information or provide an explanation for why it is not doing so within 30 days of your notice. As a practical matter what most agencies will do is contact the original reporting party that provided the false information for a response and if that party does not respond then the agency will remove the information as non-verifiable information.

You should also be aware that you are entitled to a free credit report from the three major credit reporting agencies, Equifax, TransUnion and Experian once per year. You can request your free credit report at https://www.annualcreditreport.com/

Employment Law: Non-Compete Agreements

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The Internet and Enterprise Liability

Manageable liabilities are part of the cost of doing business; extraordinary liabilities such as hostile workplace suits, negative public relations and the negligent disclosure of personally identifiable information can go a long way towards sinking your business. So what new liabilities have you brought upon yourself since your company decided to connect to the ‘Net?

The term “hostile workplace” conjures up images of people coming to work with lead pipes or screaming supervisors hitting employees over the head with their staplers. All that has changed: Sally walks past Fred’s cubicle and Fred has the Pamela Lee video running on his screen. Then Fred, who has always had a weird sense of humor, email broadcasts an off-color joke that he thinks is a riot. Most of the recipients think Fred’s joke is marginally funny, if that, but Sally, who is miserable to begin with, is now sent over the edge and decides to retire by slapping a hostile workplace lawsuit on you. Sound like an exaggeration? The Internet has broadened the definition of sexual harassment. Edward Jones, the world’s ninthbiggest

brokerage firm, issued a memo demanding its workers disclose if they sent pornography or off-color jokes over the brokerage’s e-mail system. Forty-one employees who confessed were disciplined, but 19 who failed to come forward were fired. Dow Chemical fired 24 employees and disciplined hundreds of others for storing and sending sexual or violent images on the company’s computers. Twelve librarians in Minneapolis filed a complaint saying that library visitors were downloading porn, including bestiality and child molestation, and leaving it for librarians and patrons to see. The Equal Employment Opportunity Commission (EEOC) ruled against the library in favor of the librarians saying that the library "did subject the charging party to [a] sexually hostile work environment." Losing these lawsuits can be very costly. Recommended restitution for the librarians was $900,000. Chevron agreed to a $2.2 million settlement for a lawsuit brought against it for emails offending women. According to EEOC statistics, American businesses pay in excess of $50 million a year in judgments relating to sexual harassment charges. This bill doesn’t include monetary benefits obtained through litigation nor does it include legal fees and the totally unproductive time of defending these lawsuits. And this doesn’t just apply to blue chip companies. According to AIG insurance, the EEOC is fervently pursuing small to medium sized business with average awards on the order of $1 million. One customer of our Employee Internet Management software implemented our solution in her business because she suspected employees were wasting too much time on the Web and sending an inordinate amount of personal e-mail. Not only did her instincts prove correct, she also found one employee who was starting her own Internet adult Web site – while at work! While on the company dime, this employee was developing her web site including downloading porn to post on her website and creating lurid sex stories for her potential customers. Talk about a productivity hit combined with a potential hostile workplace claim – yes, men filed 14% of the charges of sexual harassment in 2005. The offending woman was summarily dismissed from the customer’s business before the situation worsened.

Public image and how customers perceive your company is crucial to any business’s success Goodwill is an intangible asset that adds significant value to the equity in your company. One need only think of Enron to realize the host of issues beyond the Internet that can negatively affect a company’s image forcing the company to fold or spend an inordinate amount of money to rebuild the way people perceive it. But the Internet brings a new dimension to potential PR nightmares. Nadine Hoabsh, an associate editor for Ladies Home Journal, decided to publish work details in her then anonymous and very popular Web Log (Blog), Jolie in NYC. She wrote about lavish perks given only to executives, detailed a "beauty hierarchy" within the organization and named names of favored employees. When Hoabash was outed as the author of the blog, her criticism of her employer was an embarrassment to Ladies Home Journal with its customers, agents and competitors. One of our company’s service industry customers is incisively concerned that his customer billable hours are correct and verifiable. Our customer feels that his credibility would be destroyed if a disgruntled employee were to lead customers to believe they were being charged for time his employees are spending on personal Internet use. Whether you’re a small or large organization, if you’re a company that spends time or money building an image, nothing can tarnish that image and erase the value of those advertising dollars quicker than being associated with child porn. One of our multinational manufacturing customers quickly dismissed an employee for intentionally downloading child porn and reported the individual to authorities. Our customer not only realized that they had to circle the wagons to protect their image but had a legal and moral responsibility to the community in which the offender resides.

In addition to image problems, lawmakers have piled on a host of laws and regulations that require the safeguarding of personally identifiable information. Violations of laws like HIPAA, SOX and GLB all contain stiff fines and even jail time for violations of their regulations. Regardless of these mandates, issues abound protecting privacy on the ‘Net. In 2005, Bank of America and Wachovia notified over 100,000 customers that their accounts and personal identity information were at risk because of a scheme by bank employees who allegedly sold the data to a middleman who then brokered it to collection agencies. In February of the same year, a Florida statistician working for the Palm Beach Health Department inadvertently sent a broadcast email containing a highly confidential list of the names and addresses of 4,500 Palm Beach County residents with AIDS and 2,000 others who were HIV positive. The email was sent to more than 800 county health department employees. In 2001, Eli Lilly sent an email to all registrants of its time-to-take-your-Prozac reminder service. But instead of sending an email individually to each customer, Eli Lilly broadcast the email to all recipients by placing all subscribers’ addresses in the “To:” field of the e-mail thereby unintentionally disclosing to each individual subscriber the e-mail addresses of all subscribers. Not exactly a cure for depression. Lilly received a slew of bad press and a slap on the wrist by the FTC requiring Lilly to strengthen and monitor their data security procedures.

please visit us at : http://www.pearlsw.com.

About the Author

Pearl Software provides Employee Internet Monitoring, filtering and control solutions to companies, schools, libraries and government agencies.

House Session 2010-04-14 (13:44:51-14:45:36)

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Insure questions & answers

What Does It Cost To Insure A Home Daycare?
I want to insure a home daycare in Michigan. I will own 6 kids, is nearby anybody surrounded by Michigan that can hand over me an impression of what insurance rates are approaching? Everytime I try asking an agent they want adjectives my information first and next I gain...

what does successor denote on a duration insure policy ??
primary are the main ones on policy. But what does the successor carry if that person on the policy pass away ? Or do the primarys have to be lifeless in instruct for the sucessor to get anything ?? A successor is the beneficiary if the owner of...

What Health Insurance Options are available to Self-Employeed contained by Texas? I hold glorious blood pressure.?
I enjoy be told that I will own to reward more because of glorious blood pressure and large cholestrol. Is that true? There are heaps option for self-employed surrounded by Texas. I work for Insurance Advisors. We specialize within strong to insure...

What insurance companies set aside Commerical General Liability Insurance?
ALL property casualty companies offer CGL. The interrogate is, which types of business will they insure? What kind of information do they want? There are literally thousands of companies that do that - the post of an agent is finding the one to match up beside your business....

What is a bonded duration settlement?
A life settlement is when the owner of the policy transfers ownership to a third-party (usually a ridge or investment group) in exchange for money. The bond is probably taken out to insure the payments. You should ask the energy settlement broker what the bond is for though. You should also...

What is a correct condition ins for kids with the sole purpose?
When I have to insure my child by himself, I really like the BC/BS Keystone plan (for PA). But you're going to enjoy to call on a local agent, as not adjectives plans are available contained by adjectives states. And if your income is low,...

What is a honest enthusiasm insurance company that accept general public over 50 no issue what state their robustness is contained by?
My mother is 55 and in a nursing home. She doesn't hold any life insurance right immediately and is not in the best of vigour. Is there a company that will insure her? You should...

what is an average cost to insure a 1000 square foot home?
home is in clothed area upgraded electrical, 100 amp non smoker wood frame house home is in the region of 95 years old The cost to insure a home depends largely on what the dwelling amount is. The dwelling amount is what the insurance company will...

What is coinsurance?
Are you asking about homeowners/property insurance, coinsurance? In MOST property policies, there's a condition, that you own to insure your house to a percentage of the cost to rebuild it. The percentage is usually 80%, 90% or 100%. If you don't insure your house to the percentage they require, when the claim comes around,...

What is insurance?
Insurance is a service that helps you lower your exposure to risk. For virtually every risk you can give attention to of, someone will insure it. If you have a loss, from the risk you are paying insurance to protect, the insurance company will try to "engineer you whole" again. This means they will...

what is intended by life span insurance?
and exactly how is applies Some time back, a reader informed us why pure natural life insurance goes against his religious beliefs. According to him, it works similar to a betting game. Let's read aloud you insure yourself for Rs 10 lakh at an annual premium of just Rs 2,000....

What is it call when you switch insurances and be person treated for something not covered below tentative insure
I remember when I got my brand new job and my aged insurance company sent me a letter so the bright insurance would cover my stuff. I had a gastric bypass underneath my old insurance that covered it....

Americans: Do you know Zionist Australian billionaire Frank Lowy made a billion dollars due 9-11?
He is the shopping mall magnate behind "Westfield" shopping centres and was leasing the retail areas of the WTC 7. One month or so before the attacks he magically had the bright idea to fully insure his investment against acts of terror. An...

What is the best duration insurance com?
If you are looking for occupancy, two websites pop out: 1) www.ameritasdirect.com/62.asp... 2) www.insure.com (formerly quotesmith.com) The forms for insure.com are long, and it will dispense you quotes from several residence existence insurance companies. It's primarily a web-form doing alike article your independent insurance agent would do if you didn't...

what is the best insur company to go with if you have had many accidents and violations in the last ten years
but are over the age of 25 Your best bet is going to an online site that lets you request quotes from many companies. There will certainly be some that are willing to insure high-risk drivers,...

What is the best insurance company to insure an enagement ring?
I'm looking for a dependable insurer that will insure an engagement ring; not an add-on policy to a homeowner's or renter's insurance. Moreover, a company that will soley insure a piece of jewelry. OK, look. A stand alone policy is going to cost a WAY WAY...

What is the cost to insure my engagement ring?
I know that home owners insurance covers jewelry but if I wanted to insure my ring separately, at what rate of the ring's appraisal amount is the every twelve months payment for insurance? Your homeowners policy have VERY LIMITED built in coverage - for example, if the ring...

What is the most reputable homeowners insurance company to use within Florida?
I just moved from Florida. State Farm have a pretty good rep, and will donate a multi line discount if you insure your saloon as well. If you don't occupy the home full time you will hold difficulty. Many carriers hold left Florida, and tons...

what is the relationship between marketing and underwrite in an insurance company?
for risk managment and insurance Underwriting determines who should be insured, classifies them according to risk, and determines rate structures. Marketing then convinces those those they should insure with the company. Marketing generate applications for insurance. Underwriting evaluates the application for insurability, accepts or rejects the...

what is the relationship between Petroleum company and insurance company?
all methods to insurance company can insure a Petroleum company? A petroleum company sell petroleum products and an insurance company sells insurance products. If you are asking if an insurance company can insure a petroleum company, the answer is yes. However, not adjectives insurance companies can write this...

What is the role of Risk Management in Insurance?
Hi Nimal, Insurance is the one of instruments in Risk Management. Insurance provide protection against risks like sudden death (life cover), personal accident, fire accidents, Electrical accidents, Theft and Burglary etc. Now a days you can insure any thing which is under sun. By paying premium as consideration...

What is the typical insurance payment per month for a 06 Lamborghini Murcielago?
Knowledgeable answers only please. The ONLY company I know that will insure this type of vehicle is Chubb. IF there aren't any drivers under 30 for the vehicle, or over 70, it's going to average about $5,000 a year if you're not in a high...

What is your strength insurance horror story?
Healthcare is in the report almost every morning and without a doubt what we enjoy a nation is given up the ghost. We just this minute tried to insure our seven year out-of-date (after we lost our group coverage) and found out that because of a pre-existing condition she be "uninsurable"...

what will home owner's insurance agent be looking at when he comes to inspect house before he will insure it?
Maintenance: Is the roof less than 20 years old, and in good repair? Any missing siding? Paint coming off? Handrails on steps, railings on porches? Electric all working? What kind of wiring, and what ampage is the...

Whats the best mode to be in motion in the region of puting insurance/bonding my company?
I've got a cleaning business that I purely started.I want to bond/insure it.I've tryed different web sights.All I gain is the run around.. Have you come across potential customers that required it ? Until you start hiring people, and are responsible for...

What's the best type of vigour insurance for a pregnant woman?
Is it PPO, HMO, etc... Every plan is different, depending on deductibles, premiums, etc. If you are not currently insured, you will have trouble getting insurance at adjectives if you are already pregnant without insurance. Insurance companies do not usually insure folks with "pre-existing" conditions. HMO resembling...

When you get boat insurance what value does insurance company insure up to.?
if your boat is worth 20000 dollars and insurance company ask what is trailor worth along with boat and you say 35000 dollars. I am paying on that premium and someone told me if boat is stolen the insurance company want pay on what i...

Where can I bring insurance for DJ Equipment?
Need to insure DJ equipment for robbery while out on gigs. Can anyone direct me to a company that offer that? From an agent who sell insurance,where on earth else?

Where can I catch an online estimate for small business insurance contained by Pennsylvania?
Do not make the devastating error of attempting to insure your business in need professional help. There are too abundant vulnerabilities you don't want to expose yourself to. See a property and casualty agent or agency that specializes in business coverage. I don't...

Where can I find a pious homeowners insurance policy contained by Florida?
I have 2 homes to insure. One is a double yawning 2004 on 9.5 acres the other is a house 2bdr 1 bth & is a little elder. HELP PLEASE! OK, the first one isn't a home - it's a mobile home or trailer. NOT...

Where can I find Ohio Law concerning who can insure a house.?
I need to see within black and white the supposed law that say that in Ohio, your given name must be on the deed within order to get hold of homeowner's insurance. I am an insurance agent...I have not see a state that doesnt follow that...

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Cy Pres Donation for National Employment Lawyers Association

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Investment Banking Trader Career

Investment bank trader:

Introduction:

This paper focuses on the investment banking trader career, investment banks will have several function in the market which include providing advice to investors which assist in the purchase of securities and also financial assets, investment banks will not accept deposits or even grant loans and this is the major difference with the commercial banks, advising on mergers and also acquisitions, helping corporations in issuing securities in the market and finally they act as intermediaries in trading for their clients.

Major investment banks include J.P. Morgan, Goldman Sachs, Citi Group, Morgan Stanley, UBS, Lehman Brothers Deustche Bank and Credit Suisse however the largest investment bank of the mentioned banks is J.P. Morgan, its headquarters is locate in New York dating back in 1824 when the company acquired banking status to perform banking activities.

Investment banking services include commodity trading, equity trading which are the shares of companies and finally futures and option trading. These are just some of the services they offer in the market and their main difference with the commercial banks is that they do not accept deposits by the clients as savings and also those they don't offer loans.

The roles  played by the investment banks in the market clearly indicates the type of activities in the bank, employment into an investment bank is usually very competitive and this is because the rewards and high plus other benefits, the firms also offer various personal development programs which enable workers to personally advance in the future.

This paper discusses the various daily activities that are present in an investment bank, training programs in the investment bank, and requirements for one to be recruited into the industry, compensation and reward system and finally the problems faced by the investment banks.

Investment banks:

An investment ban can be defined as a form of bank acts as an intermediary between investors and capital companies and firms, their main purpose is to provide capital requirements of companies and firms in the market, for this reason they will trade in stocks and bonds, they will also undertake structuring and evaluations on mergers and acquisitions, below are the major functions of investment banks:

Function:

1. a. Advisory services:

An investment bank will offer advice to clients regarding the various investments and business planning, advice will also be offered on strategic planning and financial restructuring in order to achieve a fair proposed transaction, this service is important in the market because most investors and business are not aware of risks involved and also potential profits in the market.

These services are offered by those employed and for this reason we can conclude that an individual may be chosen to undertake advisory services in the organization, this services requires good communication skills and also a wide knowledge of the market regarding the various risks and profitability of these options.

1. b. Trading and sales of stocks and option:

An investment bank will sell and trade in stocks and new offering in the market, this service is offered to clients who wish to hold securities by buying or selling these securities to them, this process involves the calculation of risk involved in holding stocks sold to them by clients and communicating this information to the clients regarding what they will offer for the stocks. This process requires the hedge of risks of holding such options and also information on the prevailing prices in the market.

This service therefore requires that an individual interested in joining the investment bank as an employee must be good in mathematics and also must have the ability to undertake accurate predictions regarding prices in the market in order to avoid losses that may be occurred due to improper decision making, for this reason therefore the recruitment process is very competitive and only the academically qualified applicants are considered.

1. c. Capital raising services:

The investment bank acts as an intermediary between firms and investors, for this reason therefore it will help a company to raise capital through sales of stock and bonds, this way the company is able to raise capital and acquire assets and at the same time expand operations, this an important role plaited by the bank in that it will place such projects attractive through the advisory services to investors. Through this the company wills successful raise capital because the stocks or bonds are attractive to the investors.

These services therefore require that an employee placed in the organization should have good communication skills and also have the ability to convince clients and investors on possible profits associated with a certain investment option.

1. d. Merger and Acquisition services:

The banks will also represent firms in the process of mergers and acquisition; it enables the success of such mergers through identification then structuring and finally execution of mergers and acquisition. The bank will analyze and evaluate entities to be bought or to be sold and finally device proper structures of mergers between firms, this services are offered by representatives of the banks and they require background knowledge of the firms and also their business undertaking, evaluation of assets require good mathematical backgrounds of the personnel and also good communication skills that will enable successful completion of mergers and acquisition that the bank is chosen to undertake.

Investment banking structure:

The structure of an organisation is also an important factor to consider when discussing the investment banking industry, the form of structure will determine the level of efficiency and productivity of workers, in the investment banking industry most of the firms are structured in a way that there is there is the front office, back office and the middle office all which undertake different tasks.  Graduate trainees of the bank will usually be rotated to the different division of bank as a way of introducing them to the functions of the bank, this rotation also acts as a way of evaluating which division one is likely to perform better and effectively. This process therefore enables the bank to employ appropriate individuals for the available job position.

The structure also allows the bank to function effectively because the roles of each division is well defined and if anything goes wrong that leads to losses then the management will be in a position to identify the causes and also provide solutions to the problem that are likely to be experienced in the future. The various divisions also allow the bank to undertake special training to the employees of each department increasing specialization and also division of labor, this helps to increase productivity and efficiency.

Investment bank trader career:

Recruitment

Recruitment is the process of selecting suitable applicants for a job, Recruitment into the investment banking industry is based on performance and also the skills an applicant possess, selection of workers into the investment banking sector requires a high grade for one to be successful, successful candidates are required to have a degree in either finance, economics, accounting or any business related degree. The degree holder should have a 2.1 grade where first class holders are given first priority. Additional requirement include a level qualifications with ABB/AAB marks taken in subjects which included Mathematics, Economics and math related subjects.

The reason behind the setting of the high standards in the recruitment process is to ensure efficient and effective labour selection in the market, highly qualified individuals are more likely to be more productive when well managed and well trained, and high productivity of labour will lead to the realisation of internal economies of scale whereby an individual will perform tasks more effectively and efficiently. An organisation or firm that recruits productive labour will experience an increase in profits and productivity.

Training:

Training is undertaken on the successful applicants, training involves the provision of information on the various processes in the organization and also it acts as a way of increasing the effectiveness and efficiency of the workers in a firm. Velga (1999) depicts the importance of training in an organisation, companies that undertake training experience an improvement in the skills of their workers and therefore the workers contribution at work increases, this is because training equips workers with abilities to perform their work more efficiently and effectively and also helps them to make proper decisions within the organisation.

Youndt (1996) states that training is fundamental for the success of an organisation, he also states that an organisation should practice training programs as well as job rotation. In the banking industry training is therefore important in the success of the investment bank, workers attain more skills and knowledge to undertake their daily routines and therefore increase the effectiveness and efficiency of workers within the organisation. Most of the existing investment banks will train their worker regularly as a way of gaining competitive advantages and also as a way of achieving the set goals and objectives.

Compensation and motivation:

Employees of investment banks are highly paid, traders will earn a salary package of 35 thousand to 40 thousand pounds depending on the organization and also performance of a trader, new graduate trainees will earn 5 thousand pounds for the ten week training program. A golden package is also offered after 6 months of employment by most banks this will amount to 4 to 8 thousand pounds depending on the bank and performance of the individual. Housing allowances and transport allowances are also offered to the employees depending on their performance.

The salary package signify the level of motivation and also job requirement, the higher the salary the more motivated the workers become. This way these banks are able to maintain high skilled individuals and as a result more effectiveness and efficiency.

Pensions are also offered to the retired employees but the people in this industry will not always work as traders all their life due to job stress and also the high number of people who loss their jobs due to poor performance and also switching jobs, however the pension fund is available to all the employees in the bank.

The salary package also explains why entering the trading career is so competitive, competition is 800:1 and this shows that many individual want to join investment banks as traders. However in the recent past employment opportunities have increased and the number of employees that work in these banks has also increased.

Risks and disadvantages:

Despite the various advantages associated with the investment bank industry there are also the various risks associated with these jobs, this include the risk of loosing your job due to high competition and also poor performance, many employees in these banks will not work as traders all their life due to some disadvantages associated with these jobs.

The investment bank has the ability to manipulate the market for its own benefits or employees may perform acts in the bank that will lead to huge losses, for these reasons therefore in most countries there're set regulations that govern the manipulation of the market and that give guidelines for pop roper running of these banks.

One 0f the problem with the investment banking industry is that they will undertake equity market research and in most cases place the investment banks option in a favorable position despite this being not the case, for this reason therefore investors may end up loosing funds by deceiving them to invest in certain securities and stocks, however many countries now have placed laws that govern such acts and the prices of stocks are determined by the market and not individuals.

Also in the past investment banks have been said to sell stock having stated a misleading risk profile which placed some stocks as favorable, these practices are viewed as unlawful and the proprietors of such acts are prosecuted in many countries.

An investment bank trader may also be tempted to undertake front running, this is the practice of ordering securities before the clients orders and therefore affecting the stock market, this is a selfish act practiced by traders whereby they may end up earning a lot but it is considered unlawful by many countries and may lead to loss of a job and other financial losses to the investors.

An employee in this banks should always perform their duties effectively and efficiently and should not be influenced to undertake selfish acts are for personal benefits, one should also be very careful in to undertake their job in a professional manner to avoid losses are incurred by investors and also the banks itself. Despite all the advantages associated with this career there are many cases of individuals undertaking unlawful acts that lead to huge losse

Human resource and economics of employment:

From the above discussion it is evident that the investment ban inking industry clearly understands the significance of applying human resource and economics practices in the organization, human resource and development strategies will cause employees become more committed and highly motivated towards the organisation. Consequently employees contribute more towards improvement of the company performance. Human resource practices in the organisation include selective employment whereby employment is made on the basis of academic performance and personal abilities; the other practice is the training of graduate recruits and also its workers regularly.

Another human resource practice is the existence of a good salary package and also a reward system, these employees that perform well are rewarded and this lead to high motivation of the workers to further improve in their job performance, the reward system also involves the promotion of workers to higher positions in the organisation and also higher salary packages.

The structure of the organisation is also an important human resource strategy, this helps in the effective monitoring of each division in terms of performance and training workers on a specific job requirement leading to increased specialisation.

In economic terms a firm should produce optimally in order to gain competitive advantage and also attain highest possible profits, the investment banks do not employ too many workers and this in economic terms shows optimal employment of workers, in a firm the number of workers will depend on the number of task and also the level of production, a firm should not employee too many workers nor too few workers, there is always the optimal number of workers that a firm should employ depending on the production level of the firm.

From the above discussion it is clear that motivation increases productivity of labour, the diagram below demonstrates the shift in the production and marginal production and gives the most optimal points of production:

From the above diagram as the number of labour units increase then the marginal productivity of labour declines up to a point where the marginal production value is zero and starts to fall to negative, a firm will therefore prefer to produce optimally at the point where marginal productivity is zero to realise scale economies, the banking industry firms also employ optimal number of employees and this is why entry as an employee is difficult.

Specialisation and division of labour is an economic term that refers to the placement of workers in specific terms, in the investment industry the firm will employ workers to specific position which they are well fit to perform, this ensures internal economics that are realised by the firm as a result increased productivity and efficiency.

Another factor evident in the labour market is the relationship between labour hours and wages, as the wage rate increase then workers will work more, however there reach a point where when the wage rate is too high workers will work less labour hours, the following diagram demonstrates the relationship between working hours and wage rate:

From the above diagram as the wage rate increases then the labour hours increases, however there reach a point were as the wage rate increase workers work les hours, the investment banking firms will use this economic concept to produce optimally and provide adequate wage rates to the employees.

Benefits are paid with reference to performance, those workers who perform their tasks effectively and efficiently are compensated resulting to motivation and therefore increased productivity, a firm must break even and if it fails to break even for a long period of time then it will shut down, for this reason the salary level depends on the amount of profits realised, the high salary level for this reason shows that the investment trading g industry is a profitable industry. For this reason therefore the firm makes profits and in cases of losses the responsible individuals are laid of to make way for more competent individuals who help the firm to realise profits.

Due to the high salary level we conclude that the investment industry is a very profitable undertaking, however in a free market these firms in the long run will not make as high profits as in the short run, for this reason we can conclude that the market type is restrictive i9n nature with barriers to entry into the industry, these barriers include the minimum amount required to start up the firm and also other requirements that restrict other firms from entering the industry, this barriers to entry ensures that the exciting firms in the industry make high profits and are able to coexist in the long term.

Future of investment banking:

Investment banks in the present have specialised activities that differ from other banks, in the further we expect the investment banks to increase in the market as a result of increased demand for these services that they offer, as a result there will be an increase in employment opportunities in the market and therefore more people will be in a position to acquire jobs in investment banks as traders.

Conclusion:

In the above discussion we can conclude that investment banking career is not as simple, there are complex tasks and activities that individual in the bank perform, this is not a job for everyone and only qualified individuals are considered for the job, academic requirement are high for one to qualify as a graduate trainee, after the selection of the graduate trainees the selected individuals undergo a training program that equip them with the job requirements for each job in the bank. After training rotation is undertaken whereby the trainee is required to pass through every division in the bank as a way of evaluating which division each individual well fits in terms of performance and abilities.

Salaries offered in this career are very attractive and this is why many individuals want to join investment banks, however despite high compensation and rewards the job is very demanding and most of employees suffer stress and as a result they will not work as traders all their life. There is a high risk of loosing ones job as a result of underperformance and also mistakes that lead to huge losses either to investors or the bank, for this reason the recruitment process requires highly qualified individuals and also highly motivated indivi

The recruitment process shows the level of understanding and practices of human resource management and economics, in human resource terms the organization is able to motivate workers and also ensure that productivity of the workers is acquired through proper training. In economic terms the firm will employ only a certain number of employees who are well fit for the job, this helps achieve specialization and division of labor that increases productivity and also efficiency and effectiveness in the firm.

References:

Brian Snow (1997) Macroeconomics: Introduction to Macroeconomics, Rout ledge publishers, London

Career overview (2008) Investment banking career, retrieved on 28th April

Career information (2008) investment banks employment, retrieved on 28th April,

Peffer J. and Velga J. (1999) Putting people first for organizational success, Harvard Business

School Press, Harvard

Philip Hardwick (2004) Introduction to Modern Economics, Pearson Press, New York

Youndt A.  And et al (1996) "Human Resource Management, Manufacturing Strategy", Management Journal, 39 page 836 to 866

About the Author

Author is associated with SuperiorPapers.us which is a global Research Papers and Term Papers Writing Company. If you would like help in Research Papers and Term Paper Help you can visit Buy Essays, Custom Term Papers and Custom Research Papers.

ComALERT: a bridge between prison & the community

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Cell Phone Use and Car Accidents

If you drive an automobile and own a cell phone, odds are good that you have used your cell phone to either talk or send a text message while driving. Many cell phone users are conscientious about using their cell phones while driving, but many more are not, and do so on a regular basis. With over 260 million active cell phone accounts in the United States alone, the number of people using cell phones while driving is staggeringly high.

Studies have shown that a person using a cell phone while driving is more of a hazard to other drivers than a driver with a .08 blood alcohol level. It should be no surprise that cell phone use while driving will cause driver distraction. Dialing a number or entering text messages causes a driver to take their eyes off the road. Even having a routine phone conversation can take enough attention away from the road and other drivers to put the cell phone user into “auto pilot.” It is a common occurrence for a cell phone using motorist to have no recall or awareness of what happened on the road over the duration of a conversation.

Here are some other important facts to consider:

· Drivers who use cell phones are four times as likely to cause an accident.

· 73 percent of drivers talk on cell phones while driving and 19 percent send text messages while driving according to a 2007 survey by Nationwide Mutual Insurance Company.

· Currently, Alabama has no law banning cell phone use while driving. As of July 2008, only California, Washington, Utah, Connecticut, New York, New Jersey, and Washington D.C. have laws banning the use of hand-held cell phones while driving.

· Young drivers are most likely to use cell phones to talk or text while driving. A survey of teens indicated that “texting” was the most distracting activity they engage in while driving.

· Some studies indicate that hands-free cell phone use does not significantly lessen risk. Reaction time is still compromised with hands-free phones, and hands-free phone users have to redial more often, causing further distraction.

The number of recent lawsuits and settlements finding employers liable for their employees’ use of cell phones while driving for work-related communication is on the rise. Significantly large settlements have been paid out in recent years by some corporations. Thus, many companies have since banned any such activity.

About the Author

If you live in or around Mobile, Alabama and have suffered a personal injury due to a cell phone-related accident, please visit the website of Long & Waite, Attorneys at Law today.

Blinded by LIESpt3

Is it illegal not to have at least 15 minuets break for every 4 hours of employment?

I ask as i have heard many people say it is the law that employers should give 15 minuets break when you have worked over 4 hours. If it is does anyone have any links?
What can we do if an employer is breaking the law in the treatment of it's employees? If we were to raise any such points with the employer we would get the sack and be stiched up so is there any outside bodies that could help?
This is in the uk, thats why i ased on uk yahoo answers.

No it isn't illegal to not have a 15 minute break for every 4 hours of employment.Adult workers are entitled to a minimum 20 minute rest break if there working day is longer than 6 hours and this law is different for adolescent workers. It can also be different for shift workers and the type of work and the hours you are paid for.I have worked at an airport and with some companies you never got an official break, but didn't work for 8 or 12 hours straight through but were paid for the full shift and took your breaks as you could .Go to www.hse.gov.uk/workers or www.adviceguide.org.uk

Job Search. Find a Job

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Divorce Attorney Questions & Answers

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Watch Weeds Org Online

I bonk a new jazz -- and it's not a man or a asylum or a car. It's an uptight Showtime television suburban satire, "Weeds", in which Madonna Louise Parker plays a widowed football mom, Nancy Botwin, in a fictional subdivision of Los Angeles titled Rural. Nancy struggles with the abrupt change of her save from a bravery assault and agonizes how she'll strengthener her household in their upper-class manner. Not having any discernable job skills, Metropolis discovers the moneymaking income in beingness the local people pot moneyman.

The show is quirky, sacrilegious, and raunchy. The maladaptive association mechanics are psychoneurotic, especially when her discharged pot-head brother-in-law, Andy, arrives on her doorstep. Her interactions and warmheartedness for her businessperson, a sinister ghetto association headlike by woman Heylia Crook, and Heylia's single meaningful girl and ne'er-do-well son, Author, are a stark differ to her regular experience in Rural. And, the spacious ethnic and governmental statements that are unfailing undercurrents in the broadcast are truly retributory justice on the money.

This appear is a big crack for me -- I'm probably the only cause my age who's never finished any identify of consume -- so admitting I bed a lead virtually a pot-dealing suburban mom is fantastic, I admit. What's most fun for me to view is City's utilisation as a entrepreneurial businesswoman who's going to do what it takes to be the most successful weed dealer in Rural. There's not alot of disagreement between City and me in the quest to develop booming businesses, object that my enterprise is jural, of course, and I don't soul to scheme bullets in drive-by shootings at my bourgeois's sanctuary.

Here are many majuscule lessons on construction a byplay from suburban pot mom City Botwin:

1. Search where the search are. Due to her relationship with her businessperson, Doug Writer (played by Kevin Nealon), and his aggroup of friends, City rapidly realizes that Agrestic is a wonderful marketplace for her fluid. She finds a great author of pot and is easily fit to transact it, as her upscale aim market is eager to buy and can easily afford her prices.

Admonition: Undergo your spot activity. Are they manly or individual? What age group? What manufacture? What socio-economic gather? Where do they secure out on- and off-line? What do they scan? To what groups and associations (true and virtual, own and nonrecreational) do they belong? How some money do they make? Can they easily open your quantity or work?

2. It's all virtually benefits, not features. Doug discovers a crummy seed of scrutiny cannabis in a clinic in LA and thinks he's disclosed a golden mine. Still, in order to use the clinic, he has to get a prescription for examination ganja from a untrusty physician and then traverse an time into the municipality every clip he needs a refill. Nancy offers him the possibility to buy the self shove locally, without the propulsion, and no prescription requisite.

Signification: Fill do sector with you because you can aid them calculate a job. They tending slight around how you work it (the features of the solution). They righteous impoverishment you to create the difficulty go departed so that they feature one inferior situation to vexation most (the benefits of doing job with you).

3. Interpret the needs of your target activity. Metropolis takes a misadventure to LA to assessment out the scrutiny hemp clinic, and discovers a sheer cornucopia of pot, acquirable in many varieties than she'd e'er imagined. This jaunt makes her make that she's purchasing the bottom-of-the-barrel tracheophyte and gives her bourgeois a name of the "bully shove" that her clients rattling necessity. Then, to move her clients a outgo eminent for their greenback (and enable her clients to fell their marij
in one {visit.

Warning: Consecrate your clients what they essential, not what you anticipate they demand. Some service commerce owners leader into the mart and mortal no melody if they offer a production or tableware that the national wants. Or, they pay what they cerebrate is healthy for a client kinda than what module figure a client's imperative difficulty. Do your mart investigate to realise the needs and problems of your take marketplace.

4. The unfortunate of most businesses is due to undercapitalization. City's personalized expenses are extraordinary her income, and she approaches her supplier, Heylia, to fund her itemization on ascribe. Heylia laughs in her meet, but after Nancy begs, she's permissible to hock her leased Business Rover and multi-carat rite toroid with Heylia to get the quantity of pot that she needs for the hebdomad.

Meaning: Being self-employed is a financial roller-coaster ride. Someone business reserves in space before you advantage your enterprise so that you can pay your bills until you move making a profit. And, if you develop up close of exchange, try intervention with your suppliers or vendors for statesman affirmatory mercantilism cost.

5. Larghetto and steady wins the commercialism ontogeny run. Nancy becomes heady with her sales success in her community and begins to eye another markets so she can egest flatbottomed many money. Time on the anaesthetic college campus hunt a teacher for her son, she realizes the campus is a ready-made industry for pot and is initially very prosperous in capturing that marketplace. Notwithstanding, what she doesn't substantiate is that she is treading on other moneyman's dominion (one of the campus warranty officers), and in a handle get on campus by this seafarer, she loses around $15,000 designer of product. When she tells Heylia what happened, Heylia righteous laughs and tells City she's been "jacked" by added moneyman, and that's the cost she pays for disagreeable to cultivate too accelerating.

Warning: High success in your activity leave micturate you impoverishment to conquer the grouping. Notwithstanding, quick enlargement without suitable intellection makes many a line individual go belly-up. Counseling for the growing of your byplay, and include that ontogeny in your playing plans and exteroception statements so that it's a rude phylogeny of your concern.

6. To be undefeated, you demand your kin's concord. Metropolis tries to be an "virtuous" pot financier and refuses to sell to children, or countenance anyone working for her to delude to children. In the same varicosity, she tries to armor her children from the align nature of her acting, not wanting to set a bad example for them (see the witticism in this broadcast?). Nevertheless, secrets are lignified to hold from teenagers. In an act of rising, Silas, her 15 year-old son, tells her he doesn't feature to canvas her rules any human, throwing in her confronting that she has no mitt to roughly how she's making money.

Significance: Determinant to run your own business can be the quickest moving to break or folk isolation. Enter your blood updated on what's event in your commercialism, especially if you run a enterprise that's accomplishment to book you away from them on an ongoing fundament. Menage rules, system, and expectations may requirement to scissure for awhile, and the writer that you kindred can be a portion of creating that exchange, the better and happier you all leave be.

7. The Sole Man didn't sit solo. As Nancy reviews her living lessons in entrepreneurship during Period 1, she realizes that it's granitelike pass spouting a job by herself. She invites her controller and professional (two of her someone clients), her brother-in-law, another dealer, and son of her provider to go into commercialism with her and serve her discolor her dominion and neaten it all utilise.

Admonition: You're high at the core assist you cater to your clients, but you can't be close at everything, nor should you try to be. Create two lists, one of what you pair to do, and the opposite of what you hate to do. Do what you do superfine (and bed to do) and designate the intermit to your validation aggroup. Pay your experience many profitably sensing for opportunities kinda than wasting it on tasks that you can hire out often more cheaply and efficiently than by disagreeable to do it all yourself.

Enterprise lessons exhibit up in numerous shapes, forms, and sizes. Air in to the next weaken of "Garment" and see what's in outlet for Nancy as she builds her suburban pot empire.

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Have you seen watch weeds org? Check it out over at watch weeds online

Tennie Pierce and the Case with the LAFD

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Employers Expected to Face Additional Pressure from Department of Labor

It seems like everywhere you look there is some mention of the U.S. Department of Labor (DOL) cracking down in one way or another on businesses. Statistics indicate that there is much increased activity in DOL audits over the last few years, which should come as no surprise. In the DOL 2011 Strategic Plan Fiscal Years 2006 – 2011 the department listed four major goals, which are:

• A Prepared Workforce
• A Competitive Workforce
• Safe and Secure Workplaces
• Strengthened Economic Protections

According to the Strategic Plan, the third goal, Safe and Secure Workplaces “focuses on ensuring that workplaces are safe, healthful, and fair; providing workers with the wages due to them; providing equal opportunity; and protecting veterans’ employee and reemployment rights.” It is this area that prompts the majority of DOL audits of employers.

The newly appointed Secretary of Labor, Hilda Solis, issued a statement on March 24, 2009 that the DOL is renewing its efforts to enforce labor laws across the country. With the addition of 250 field investigators provided to the DOL under the American Recovery and Reinvestment Act, businesses can be assured of increased audits.

In is important to understand that the DOL is quite a large organization with far reaching regulatory authority. The DOL has 27 divisions that each has their own function. A few of the divisions that are most familiar to private employees are:

• Employment Standards Administration (ESA), which includes:
  - Wage & Hour Division (WHD)
• Employee & Benefits Security Administration (EBSA)
• Occupational Safety & Health Administration (OSHA)

In 2008 the WHD recovered more than $185 million in back wages for 228,000 employees. In addition, the agency assessed $9.9 million in civil monetary penalties and concluded 28,242 compliance actions. Including the 2008 figures, the 8 year cumulative total of back wages collected by the agency was $1.4 billion dollars. (Please click here for US Department of Labor 2008 Fiscal Year Report)

Audits are generally triggered either when a current or former employee files a complaint with the DOL or when the DOL targets a specific industry for investigation. It is a common practice of the DOL to target a variety of low-wage industries including day care, agriculture, janitorial services, the garment industry, healthcare, the hotel and motel industries, restaurants, and temporary help. These industries generally have vulnerable and often immigrant workforces, and a history of chronic violations.

Keeping in mind the many arms of the DOL and its numerous divisions, there are many areas that may be audited and some of the main areas of employee complaints (that result in an audit) are listed below:

• Misclassifying employees as exempt (Exempt vs. Non-Exempt status)
• Independent Contractor Status
• Minimum Wage Violations
• Child Labor Violations
• Overtime Issues
• Family & Medical Leave Act (FMLA) Violations
• Improper deduction(s) from wages
• Other Wage Issues such as: Bonus, Incentive, On-Call, Paid Time Off issues
• Timely remittance of retirement plan deferrals withheld through payroll deduction
• Fair Pay Issues

In addition, many states have a state agency equivalent to the DOL. For example, in California there is the Division of Labor Standards Enforcement, which can also audit CA employers for the same items as the DOL. It is imperative to know your specific state’s requirements in addition to federal regulations. In California, employers should also ensure they are complying with meal and rest break requirements, properly recording meal breaks and the employees’ time worked, properly paying overtime, and reimbursing employees for all business related expenses.

Liability for violation of the wage and hour laws does not require evidence of bad intent or unlawful motive by an employer. The performance of the employee is also rarely an issue, making the employer’s exposure fairly straightforward in most cases. 

If the DOL audits your company, a representative will visit your facility to conduct interviews, make sure the required posters are hung, and possibly examine the time clocks to determine whether your company is in compliance with the Fair Labor Standards Act. DOL will then review up to 3 years' worth of your wage-and-hour records and investigate your wage-and-hour practices to determine whether you have paid your employees the proper amount of overtime. This will include a review of your pay records, so you must make sure the records are accurate and organized.

Employers need to be proactive about complying with these complex wage and hour laws. If cost is a concern, complete an in-house audit and then have an attorney double check the policies and practices. It will cost a lot more to contact an attorney after the DOL or state agency is in your workplace or the lawsuit has already been filed.

If you want to learn more Human Resources Tips, please click here for more information.

About the Author

Michele O Donnell, M.S. Human Resources Management. joined MMC, Inc. in January 2007 and currently leads MMC's elite team of HR Consultants. Ms. O Donnell has been involved in the Human Resources industry for more than 14 years, bringing vast training and management experience to the MMC leadership ranks. Her experience spans the broad scope of labor law, regulatory compliance and HR Best Practices, drawn from her rich experience as Director of HR for several firms throughout her career. She currently works to ensure that MMC's consultants forge long lasting relationships with our clients, fostered in exceptional service and unsurpassed HR expertise. Ms. O Donnell earned her baccalaureate degree in Business Administration from Auburn University before receiving her Masters degree in Human Resource Management from Troy State University. Learn more about MMC’s comprehensive HR services at http://www.mmchr.com

Is it against the law to lie about income to a real estate broker if no document is signed?

I am currently looking at apartments for myself and my housemates. The brokers asked me to provide him with figures for how much we are each making and our savings. Thing is, we are recent college grads and I am the only one of the bunch who has secured actual employment; everyone else has their parents backing them up. We had to do this or otherwise we couldn't score an appointment to see the apartment.

You will need to submit proof if you are going to apply.

You are just wasting time if you are looking at places where there isn't a chance that you would be approved.

Determining Past Economic Damages

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Tax Laws Under New President

The American Recovery and Reinvestment Act made the Homebuyer’s Tax Credit retroactive, so anyone who had purchased a home since January 1, 2009, was eligible. Right now, unless the date is extended, it applies to any first-time homebuyers through the end of December of this year.

If you’ve ever considered buying a home instead of renting, the Homebuyer Tax Credit does give you incentive. Right now, real estate is a buyer’s market, with housing prices lower than they’ve been in years. Add on top of that the whopping $8000 tax credit you’ll get with this new tax law under the new president, and the deal is considerably sweetened. You can even claim the credit on your 2008 taxes.

If you signed the papers on a first time home purchase on December 31, 2008 or before, however, you won’t be getting that $8000 credit. Also, if you make more than $75,000 (or more than $150,000 for a couple) annually then the $8000 credit is lessened, and you won’t be able to get it at all if you make over $95,000 (or $170,000 for a couple) in a year.

Don’t rush into a decision to get the tax credit. A restriction in the law requires that you keep the home for a minimum of three years. Break that rule, and you could have to pay back the $8000.

Have a job?  You’ll probably be able to get the $400 tax credit ($800 for a married couple) called the Making Work Pay provision. Most people with income, even self-employment income, will be able to claim that from one of the tax laws under the new president in 2009 and 2010. The income caps for the $8000 first time homebuyer credit applies to this one, too.

Employers may just take less tax from your paycheck to provide you this credit, so if you’re married or you have more than one job, watch your taxes carefully to make sure you’re not paying too little, or you could end up with a huge bill and penalties at tax time in 2009.

A new tax law under the new president also accounts for a $250 payment to those who get Social Security as well as Social Security disability payments, government pensioners, and veterans. It’ll arrive over the summer automatically for all but government retirees, who must file in 2010.

College students can deduct some of their college bill in the coming year, car buyers can deduct the sales tax paid on the purchase, and you can even claim deductions on certain “green” and environmentally friendly purchases thanks to some tax laws under the new president.

About the Author

Elle Wood alerts you to businesses and organizations that offer exemplary services and value. Find out more about tax laws under the new president by visiting www.LewisCpa.Us

Law Videos - Employment Law - Chapter 5

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Interracial Relationships

INTRODUCTION
Intimate relationships between men and women have been around for as long as the different sexes have, and these often complicated structures will probably be around as long as people exist.  Within relationships, there can be countless different combinations in relation to the age of the people involved, their hobbies, religions, family backgrounds and many other variables.  Depending on the people involved in a relationship, different factors will be more important than others.  With these numerous factors that can play a role in two people getting together, the races of the two individuals can be considered one of the most important.  Besides being visually salient, someone’s race is usually intermixed with their culture.  More often than not, two people in an intimate relationship will be of the same race, and this does not draw attention to that factor.  However, when the races do decide to mix, it usually does not go unnoticed.
Even within the factor of race within relationships, there are several different combinations of possibilities including Asian/White, Hispanic/Black, Native American/White and many more, but one of particular interest is Black/White relationships.  These relationships, especially in America, have always received large amounts of interest whether they were between master and slave, or today where a black/white couple often gets a second look from outside observers.  This particular mixing of the races seems to get investigated more closely than the others do and numerous theories have come out concerning its various aspects.  These range from the idea that whites enter relationships with blacks solely because of their supposed sexual prowess, to whites and blacks entering into relationships with each other for the same reasons that same race couples do. Teasing apart the truth concerning different aspects of these relationships is often difficult as some investigators may have been looking at them from a racist viewpoint biasing the theories they produced.  A close look at theories and experiments concerning black/white relationships hopes to show that many of the past theories were based on unsupported reasons and that these relationships are formed in the same way and for the same reasons as are same race relationships.

HISTORY
To understand why black/white relationships are being exclusively studied, as well as factors that might be influencing theories presented about these relationships, a brief review of black/white relations in this country will be taken.  Beginning with slavery, relationships between blacks and whites were “sexualized” meaning that not only were they thought of as always being about sex but in actuality generally were centered around sex.  The marriages between black slaves were given little, if any importance as families were often split up, and even a married black woman’s body was available to a white master if he desired it.  While a black woman’s body was an object to any white master who desired it, a white woman also became another kind of object.  White women in the south were portrayed as pure, chaste, and from the white man’s perspective, needing protection from the black men who desired her.  Whether or not this belief concerning black men was even true, white men felt they had to keep black men under control and away from their women (Simms-Brown, 1982).  The black men were forbidden to look at, touch, and by no stretch of the imagination, marry a white woman.  For the whole system to work, white women also had to deny any possible attraction to black men even if there was some attraction.  The problems presented formed the base for white/black relations, and these unnatural, pathological patterns dominated the view of relations between the two groups for hundreds of years (Monahan, 1973).
Even after slavery was officially abolished there were many antimiscegenation laws that were strongly enforced which involved the hanging or imprisoning of a black man for consorting with white women.  It is important to note that during this period the sexual interactions of white men and black women were most often overlooked by law enforcers.  Many of these laws were present until 1967 when the Supreme Court finally struck down all laws against interracial marriage.  Even though this ruling made interracial marriages legally possible, it did not automatically lift the opposition of whites toward interracial relationships (Brown, 1989-1990).
The stereotypes developed during this period have been continued long beyond slavery in some cases.  Spaights and Dixon (1984) related what they felt were current stereotypes during the writing of their article.  The black woman was seen as sensual, free and loving, and promiscuous by choice.  Her sexual nature was childlike and animalistic while the white woman, especially in the New England and the South, was still seen as chaste and too pure to become fully involved in sexual matters.  White men were seen as controlling, powerful, vengeful and responsible for the past actions of the white race.  Black men were given the most complicated stereotypes.  They were seen as shiftless, ignorant, and childlike, yet they were feared because of their supposed lust for white women.
As far as records are kept, interracial dating and marriage between blacks and whites have increased during the past few decades.  The exact rate of increase and what areas are increasing the most are not completely known considering that in many states people do not have to write down their race on their marriage certificates.  This process will probably never be implemented because it would infringe too heavily on personal rights, so the best data on interracial relationships has been gathered through gallop polls (Stimson et al., 1979).  
With this increase in black/white marriages one might think that past stereotypes and prejudiced theories are either extinct or are on their way to being so, however this is not completely true.  One factor that plays a role in this increase in interracial relationships is simply more contact between blacks and whites.  As blacks are able to obtain better education and jobs, they will inevitably be around more whites than in the past, which just allows for more opportunities for interracial dating.  Even though mere contact can not explain all of the increase, it does have a role in the process.  Another factor that has played a role is a more accepting society for interracial relationships.  As blacks and whites have interacted more as coworkers and friends, discrimination and prejudice against blacks have gone down, which in turn lowers negative attitudes towards black/white relationships.    
While an increase in the number of marriages is noted, it must also be noted that blacks have the lowest rates of intermarriage of all minority groups in this country (Davidson & Schneider, 1992) and that the US has the lowest rate of black/white intermarriage among all Western nations (Pettigrew, 1988).  The US seems to be a more race conscious country than most other nations today where interracial marriages are generally accepted (Gordon, 1964).       
This information does not give a clear picture to the extent that interracial relationships are accepted in this country.  There have been studies done that aimed at shedding light into this area but instead just kept the picture very unclear.  One study examined not only blacks’ and whites’ interest in intermarrying but also looked at their willingness to live near or be friends with interracial couples.  This study which was published in 1992 found that according to their scales, blacks were significantly more willing to acceptance interracial relationships in all contexts than whites and that overall whites were not accepting of interracial marriages.  This study highlighted the idea that black/white marriages still have controversy surrounding them and that at least for this sample, opposition to them was not limited to extreme white racists (Davidson & Schneider, 1992).  
However, another study done in 1979 obtained different results as they found that in their sample, which was drawn from two Mid-Atlantic colleges, that there was a general level of acceptance of interracial dating and marriage.  The interesting finding from this study was that 92% of the student sample felt like people were not becoming more accepting of interracial relationships, yet 65% of this sample was willing to date interracially (Stimson, et al., 1979).  The difference between these two studies is that this study was done with a college population while the study done by Davidson and Schneider involved participants from a city.  Colleges are known to be places where young people are more accepting of “radical” ideas like interracial relationships.  
A study done that looked at family acceptance of interracial relationships returned results that went more in line with the Davidson and Schneider study.  From a sample taken from college students in a midwestern university the researchers found that again blacks, or more specifically black parents, were more accepting of interracial relationships.  However, overall perceptions of family acceptance of interracial relationships were negative (Mills, et. al., 1994).  This study also fits in line with the previous pattern of results because even though the Mills study was done on a college campus it was asking about how accepting the students’ parents were instead of how accepting the students themselves were.  
Armed with the knowledge that interracial relationships are increasing in this country but yet are still plagued with opposition and a general feeling of disapproval, one might wonder why this is the current state of affairs in this area.  Saying that it is just an ingroup vs. outgroup phenomenon or that America just has an overall racial bias are not sufficient answers.  It is proposed that a combination of the historical problems between black and white relationships as well as the theories that came from this air of racial problems have influenced both the fact that blacks have the lowest intermarriage rates and that the overall black/white marriage rate is lower in this country than other developed ones.  What the exact mechanisms that are affecting this are unknown but possibilities include the idea that people refrain from black/white relationships because they are afraid of being stereotyped or questioned about their motives, they do not want to deal with possible family and social pressure, or they are unsure of their own motives for wanting to be in an interracial relationship and therefore refrain from entering them.  
Whatever the exact mechanism that has allowed stereotypes stemming from slavery times to hinder interracial relationships today, these stereotypes and theories need to be looked at with a closer eye and put up against empirical tests.  It can be said that many of the theories about interracial relationships rely on faulty logic, have been formed on the basis of individual cases or small samples, and have a racist element involved in them.  The following will take a critical look at the more widespread and well-known theories that came out of the period where racism and science were hard to separate.  
A quick example of the problems faced when trying to discover the truth in interracial relationships is shown in a study done by Hans Sebald (1974) at Arizona State University during the 1968-1969 school year.  This study looked at interracial dating on the campus and was specifically comparing the dating patterns of white and black men.  This study’s main finding was that the sample of 80 black men on campus dated more interracially than did the 140 white men sample.  This was deemed an important finding and the paper presents different ideas about why this might have been the case.  These ideas range from the black men on campus mostly being athletes and having a “black mystique” to how black women do not have the type of desirability that white women do.  With all these theories being spouted out, a simple fact is not discussed.  These 80 single black men were part of 350 black students (including married men and women) on a campus with 23,400 students; the blacks made up about one and one-half percent of the students on campus.  Combining this important statistic with the idea that in college people interact with numerous people and often date these people, it becomes clear why the black men interracially dated more than the white men.  The black men simply saw and interacted with white women significantly more than white men with black women, and ultimately dated more across racial lines.  This study is just one example of how biases can be present in research and how simple, easily explainable events can be complicated by theories from researchers.    
Even without interracial theories complicating simple statistics, it has been said that because of the history between blacks and whites, not only is there always the possibility of pathological motivations (Brayboy, 1966), but one black psychiatrist even said that pathological motivations underlie most black/white marriages (Osmundsen, 1965).  While there have been many smaller theories generated about why black/white relationships might form, there is one theory that because it has predictions about certain aspects of interracial relationships is easier to empirically study.  This big theory encompassing several possible motivations for black/white relationships is the caste exchange theory.

CASTE EXCHANGE THEORY
The caste exchange theory concerning interracial relationships comes from combining the resource exchange theory (Foa & Foa, 1974) and stereotypes about blacks stemming from slavery days.  The exchange theory by the Foa couple involves the give-and-take of commodities and resources.  Resources in this theory can either be physical or psychological entities that, when received, are considered a reward by the recipient.  Resources can be numerous.  They can be relatively tangible like money, goods, or information that are exchanged in many interpersonal settings.  They can also be relatively intangible like affection and respect which are exchanged in interpersonal settings and are viewed by the participants as personal.  Important to note is that generally for a relationship to be successful the partners need to be similar in the amount of resources that they give and receive from each other.  This theory combined with the idea that blacks’ racial status is considered to be lower than whites’ produces a caste exchange theory for black/white relationships.  This theory says and predicts that since there is a difference in the status of blacks and whites, a white individual will enter into a relationship with a black only if the black has a surplus of some resource to adequately compensate the white person for accepting the lower status of the racial minority (Yancey & Yancey, 1998).  
This larger theory has been the basis for many other theories that describe the pathological motivations that supposedly plague interracial relationships.  Black women might be tired of “shiftless, lazy, irresponsible” men and therefore are looking for a white man who has stable employment and can be a constant provider. She might be using her white man as a way to “get white” or to attain a social status that she does not feel she could get with a black man.  Similar to black women, black men might exploit white women for their money and higher social status.  These ideas and theories, like all the ones that will be discussed, can be true in some cases but they may not be true for the majority of interracial relationships.

STUDIES AGAINST CASTE EXCHANGE
Since this caste exchange theory is one of the most widespread stereotypes about black/white relationships, there have been studies done specifically to test this theory.  One such study looked at personal advertisements to see what exactly whites and blacks who were interested in interracial relationships were promoting as their resources and what they were looking for in the opposite sex.  The experimenters examined personal advertisements because it is known the writer wants a relationship. It is designed so that the writer tells his or her qualities to offer (resources), and tells the reader what qualities are desired in a relationship.  Other advantages of this method include the idea that since the advertisers have a small space to write, they will only put the characteristics they feel are very important to find in a mate and will put what they believe the other sex will want the most.  
Using attractiveness and financial status as the most looked for resources, the caste theory would predict that whites should be offering less resources because they automatically have the higher caste status, while blacks would be looking for less resources.  These predictions according to the caste theory were not supported in the results of the experiment.  First, blacks were more, not less, likely than whites to look for resources by seeking financial security, despite their lower caste status.  The results concerning the offering and desiring of physical attractiveness also did not support the theory as blacks and whites showed levels of offering and desiring this resource that did not differ at significant levels (Yancey & Yancey, 1998).  Another study done by the Yanceys (1997) a year before but again with the personal advertisement method, found that instead of caste exchange theory having any predictive value, traditional marital exchange theory, with men’s financial status being traded for women’s physical attractiveness, appeared to be more explanatory of the data concerning interracial relationships.    
While this study did not find support for the caste exchange theory, another experiment did find some support depending on the manner in which the results are viewed.  This experiment, done by Bernard Murstein and others (1988) looked specifically at physical attractiveness as a resource in interracial relationships.  Using the exchange theory to provide a hypothesis for their study, they predicted that blacks would exceed their white partners in physical attractiveness.  This slight variation in the exchange theory was put for by Merton (1941) who said that race will be exchanged for relational capital. This experiment rated physical attractiveness in three different ways, and by using one of these measures was able to find support for their hypothesis.  They measured attractiveness by independent judges, by self-concepts, and by perceptions of the partner.  The latter two measures did not find any significant difference in the attractiveness of the participants but the independent judges did find the black members of the black/white relationships to be more attractive.  They justified this by saying this one measure was more important than the other two because they felt that disinterested judges tend to see strangers in a fairly objective way and that standards of beauty are quite reliable (Udry, 1965).  
There is a problem with using the judges’ ratings as support for the caste theory. The problem with the interpretation of the results is in the idea that a raters’ opinion is more important than both self-concepts and partner perceptions.  It is true that both of the latter might be more idealistic and distorted, but they are also how the couple actually sees each other.  According to caste theory, whites would be willing to trade their higher status for a more attractive black, but if in the white person’s mind they are equally as attractive as their black mate, then they are not following the predictions of the caste theory.  Since the couples rated themselves as equally attractive in this study, either the caste theory only applies when outside people view a couple, or it is a theory that does not apply to interracial relationships in general.      
Another experiment done in 1976 examined the occupational class of couple entering into interracial marriages.  Referring again to Merton’s caste exchange theory, the blacks in the relationships should either be trading their beauty or a higher economic status for the higher racial status of the whites.  Since this study only looked at the occupational class, that is the only part of Merton’s theory we can put against empirical evidence.  The study (Monahon, 1976) took into account the actual couples’ occupational class as well at the parents of the couples to get a clearer picture of the social class the couples were actually in.  After they determined which class both people in the interracial relationship were in, they looked into whether they were in the same occupational class. If not, they looked into which partner was in which class.  An examination of the evidence showed that both black husbands and wives tended more often to marry upward into the white occupational groups than when they married other blacks.  While this could just have been an artifact because the blacks generally had the lower economic status, it must be recognized that even if this is true, the whites still had to accept the lower economic status of the blacks before entering into a relationship with them.  This idea goes against the Merton caste exchange theory as that theory would predict that the blacks would be trading their higher economic status for the whites’ higher racial status.  
Combining the results from the three experiments, even with the seemingly contradictory findings of the study done by Murstein and others, shows a lack of empirical support for the caste exchange theory and the predictions that come from it.  The resources examined, attractiveness in one case and occupational status in another, are the two most important aspects of caste exchange theory.  If predictions in these areas are not being supported by empirical evidence, then it is likely that any smaller theories and predictions that come from the caste theory would also not be able to find supporting evidence.   It seems that the caste exchange theory is an outmoded way of thinking about interracial relationships, especially when they are formed by individuals actively seeking them.  More likely is the idea that interracial relationships are formed for the same reasons that same race relationships are, out of love, respect, and compatibility.
The caste theory about interracial relationships has predictions associated with it, and therefore is more easily supported or not supported by empirical evidence.  Many of the other theories and ideas about the motivations behind interracial relationships do not have these same qualities that can be examined and, in a less direct way, supported or not supported by experiments and studies.  These motivations for black/white romances include rebellion, general pathology, sexual curiosity or preoccupation, revenge, exhibitionism, or a rejection of one’s own race.

REBELLION
Rebellion as a possible motivation for interracial relationships can have many different facets to it.  This rebellion by one of the members of an interracial relationship can, in theory, be against his or her family or culture.  This theoretical perspective usually has the white partner rebelling against their families and the social order represented by their families by trying to be liberal minded (Aldridge, 1978; Hullum, 1982; Spaights & Dixon, 1984).  On the individual level this might be a white man rebelling against an inhibiting social group and being led to what he believes is a richness and freeness present in the black lifestyle.  Similarly, a white woman might be rebelling against her more white, traditional lifestyle and craving the black vitality and earthiness (Spaights & Dixon, 1984).  This rebellion theory, which was presented several decades ago, has not yet been supported by empirical evidence.  The origin of the theories concerning this motivation are unclear but it is possible that since white families are generally opposed to interracial marriages, the white person wanting to engage in a black/white relationship must “rebel” as needed for the relationship to occur, and this act was exaggerated and given as a possible motivation outside of its original context.  Finding direct evidence against this theory would be difficult because of its sensitive nature and its possibly unconscious base, but evidence presented later will show that when black/white relationships are studied, this motivation does not appear to be a normal motivation for interracial relationships.

REJECTION
While rebellion as a motivation for interracial relationships generally refers to white members of the relationship, the speculation that rejection of one’s race as a major motivator is usually identified with the black members of interracial relationships.  This can be seen as black members rejecting their race or feeling like the black race has rejected them.  On the individual level, a black woman, in theory, may choose to date whites because she has become disillusioned by the black man, or she may reject the sexual attitudes prevalent in the black community, which according to Spaights and Dixon (1984) are an insistence upon intercourse in the early stages of a relationship.  The black woman might feel that only a white man will provide her with true romance and affection and that these acts do not always have to be within the context of sex.  Also the black woman might have experienced abuse at the hands of black men and might be looking for the protection and comfort that they believe a white man knows how to give.  
Theoretical motivations for black men to date white women that are often referenced are that black men have been rejected by black women in the past or feel rejected by the black race in general.  Linked with that is the idea that black women, with their constant nagging and belittling have driven black men away.  Because of this, black men have fled to the stereotypically passive, submissive white women who they believe will stand behind them and rebuild their egos (Simms-Brown, 1982).  This theory can also play out in the idea that blacks are rejected by black lovers and peers, and because of that, unknowingly turning to another race for these necessary relationships. Whites can also have motivations of rejection such as rejecting the discrimination against blacks by whites and having natural sympathy for the “underdog” or feeling so much sympathy for blacks that they think being in a relationship with them will help them in some way (Day, 1974).  While there has not been a study directly testing this possible motivation, there has been information gathered that would refute this idea.  A study done by Maxine Clark, Linda Windley, Linda Jones, and Steve Ellis (1986) looked at the dating patterns of black students on white southern campuses, and found that contrary to this theory, blacks who dated interracially did not have a less favorable stereotype of blacks than blacks who dated only within their race.  Also within this study they also found that black male interracial daters had the most favorable ratings of black women.

REVENGE
Another hypothesis for why blacks get into interracial relationships with whites is for revenge.  This motivation is fairly broad and seems to get its roots from slavery days.  Blacks were thought to do undetected actions to take revenge on their masters in those times.  It is possible that at some point a black person did actually enter into a relationship with a white person just for revenge and this case was used to make a generalization about motives for interracial relationships.   Under this theoretical motivation, one possibility is that the black woman might want to take revenge on the white man by taking advantage of his money. She may do this either by actually spending his money or just being with him so that she can be seen as someone with money and power (Spaights & Dixon, 1984).
According to Spaights and Dixon (1984) black men have sometimes blatantly exploited white women as revenge for the treatment that they feel they and their parents have received at the hands of the white race, especially white men.  This could take several forms from exploiting them economically to physical abuse, to emotional or verbal abuse.  The motivation of revenge that is theorized about is not directed at any single white person but is usually taken out on the white woman.  While it is likely that at some point a black man has used a white woman as revenge against her race, it does not seem probable that this is true at any time other than in rare cases.

SEXUAL CURIOSITY
The unsupported ideas about rebellion, rejection and revenge are generally used to talk about one race or the other.  Sexual curiosity and preoccupation, other theoretical motivations, can be used to describe motivations for either race in interracial relationships.  This theory, more than the other ones, seems to have gotten its base directly from slavery days and the racism that occurred during and because of it.  The individual level of this theoretical motivation begins with the white man seeing the black woman as an object of exciting sexual action that he has not been able to find and obtain with white women.  White women might prefer black men because of their stereotype as animalistic and direct lovers who are also very physically well-endowed.  Similarly she may view the “exotic as erotic” which will be accentuated if in the past “exotic” was forbidden for whatever reason.  This would give her the experience and excitement of having a forbidden sexual object (Grier & Cobbs, 1972).  
The preoccupation side of this theory is most often thought of as the idea that black men are and will always be attracted to the “forbidden” white woman.  Another part of this idea is that the black man has a desire to prove himself sexually to a white partner and this has provoked bitter conflict between black males and females.  The black females feel their men are constantly deserting them for women of the other race (Day, 1972).  This idea, which was present in slavery times, seems to have been simply continued from that time period.  Even though no evidence has been found to support this idea, its spread to everyday culture seems to have been uninterrupted  (Berry & Blassingame, 1982).  Even though this theoretical motivation is hard to test directly, one study, which investigated the dating patterns of black students at a predominately white college, found that the black interracial daters expressed a desire to date black and white women with no indication of a white preference (Clark et al., 1986).  This particular paper even goes on to speculate that under different conditions these black men would not be dating these white women at all which would go against any “preoccupation” ideas.

GENERAL PATHOLOGY
Other ideas have been used to give reasons for black/white relationships when they do not seem to fit under any easily titled category.  These usually fall under the title general pathology.  Under this theoretical motivation for interracial relationships, a black women might be trying to get into black/white relationships because she is trying to reverse the historic roles of slave and master.  She might also be trying to flaunt her increased sexuality to show how much better her race is compared to the “chaste” white woman.  White women might use a black man to overcome their insecurity about their own sexuality if the black men treats her like a “white queen”.  Another remote possibility is that the white woman has low self-esteem and is seeking a violent and embittered black man to treat roughly (Spaights & Dixon, 1984).
A possible unconscious reason that either or both members of a black/white couple will enter a relationship together is because they harbor deep-seated resentment of their parents for a certain reason, and desire to hurt them through becoming involved in an interracial relationship (Hullum, 1982).  This subconscious reasoning would be possible from both sides.  Black parents could be “hurt” if their child decides to “sell out” leaving his or her culture behind and also not giving black members of the opposite sex a fair chance.  White parents could be disappointed if they see their child moving down in social rank and status to become involved with a black person.  According to Spaights and Dixon (1984) the motivation of the black man who becomes involved in an interracial relationship has the “potential for the greatest pathology because he is the member in this quartet who in many ways has been most severely restricted and injured by the historical relations between blacks and whites” (135).  A possible motivation for a black male is to prove his manhood to white women through combative sex, showing contempt for the white man who can not satisfy a woman as well (Spaights & Dixon, 1984).  Under this idea, black men may seize the opportunity to use a white woman’s feelings of guilt about racial injustice to negotiate sexual favors (Day, 1974).

STUDIES AGAINST THEORETICAL MOTIVATIONS
Since the ideas presented above do not generally lend themselves to direct contradiction from empirical studies, the evidence shown will give support for the idea that interracial relationships are formed for the same reasons as same-race relationships and that all the discussed theories might have occurred in rare cases but are not the general rule for interracial relationships.
One such study was done by Richard Lewis, George Yancey, and Siri Bletzer (1997) which looked at racial and nonracial factors in black/white relationships and how important they were to the members of the couples.  Important in understanding the study are ideas about how relationships are generally formed.  There are two major forms of mate selection being homogeneous and heterogeneous.  As a concept, homogeneous mate selection is linked with social characteristics.  When one adheres to the social norm of marrying a person with similar characteristics, such as ethnicity, race, religion, age, social class, etc, they are using homogeneous mate selection (Benokraitis, 1993).  Heterogeneous mate selection occurs when one goes against broadly defined social norms and marries someone with different social characteristics.  It can be argued that homogeneous factors are more important in a relationship and that these types of factors have been historically linked with same race relationships.
Interracial relationships come into the picture starting with the idea that these relationships have been viewed as unions that were formed on the basis of factors other than homogeneous ones.  The researchers wanted to look at whether black/white marriages were formed according to homogeneous factors, which would make them similar to same race relationships, or whether they were formed according to racial factors, which would give support to the numerous theories previously presented.  The study defined these homogeneous factors, or nonracial factors, as factors that are known to usually be similar in same race relationships like economic status, common social interests, entertainment interests, and spouse attractiveness.  The racial factors, or heterogeneous factors, were items like the novelty of marrying interracially or finding members of a different race more sexually attractive.  
The results of the study showed that non-racial factors were more important in spouse selection than racial factors for the sample of black/white couples.  The couples stated that the factors such as common interests and general attractiveness of the person, irrespective of racial group membership, were much more important than the racial factors.  These results lend support to the idea that not only are interracial couples getting together because they are similar to each other and not for all the pathological motivations, but also that they are getting together for the same reasons that same race relationships are.  
A study done by Shibazaki and Brennan (1998) echoes the idea that interracial relationships get together for the same reason that same race relationships do. Their study looked at how and whether cultural variables impact interracial relationships and the results of the study revealed no significant differences between interracial and same race relationships in terms of the individuals’ reasons for entering into their respective relationships.  Their study also found through qualitative analyses, that interracial couple members were motivated to enter the given relationship out of liking, respect, common interests and goals.      
Another study that focused on the homogamous factors in black/white relationships did so by looking at the educational levels of the members in the relationship (Bernard, 1966).  This study could be used as more evidence that the caste exchange theory is invalid, but rather will be used simply as evidence that interracial relationships are the same as same race relationships.  By looking at the U.S. Census, it was found that in general the interracial relationships as of 1960 were educationally as homogamous as same race relationships.  It is noted that when they were not educationally homogamous, the over-all tendency was for the white partner to have more education.  This is not seen as a problematic finding however.  It must simply be noted that during that time it would have been extremely difficult for a black and white person to be on an equal educational level, and the fact that most of the time they were on a similar level is a testimony to both the ideas that similarity in important areas is a major attractor and that interracial and same race relationships are not extremely different from each other.
Another study (Gaines, Rios, et al., 1999) which found support for the idea that black/white interracial relationships are formed and operate like same race relationships, looked at romanticism and interpersonal resource exchange.  These researchers looked at romanticism, which is defined as a set of beliefs conveyed from society to the individual concerning the presumed desirability of establishing and maintaining a romantic relationship.  Beliefs associated with the ideology of romanticism include love at first sight, there is only one true love, true love lasts forever, idealization of the partner and relationship, and love can overcome all obstacles (Sprecher et al., 1994).  The study looked at romanticism in interracial relationships as well as affectionate behavior and respectful behavior between the partners.  
The results of the study supported the hypothesis that partners in interracial couples would exchange affection and respect at significant levels.  Romanticism was also found to be important among the black/white couples.  Even though this data does not necessarily flatly contradict the possible pathological motivations that were described earlier, it can be said that in this data support for those theories is not found.  If partners had gotten into interracial relationships for revenge against the opposite race or for just sexual curiosity then they would not be affectionate and respectful of each other.  The fact that these couples are respectful of each other finds no support for many theoretical motivations for black/white relationships.  
Another study conducted (Gaines, Granrose, et al., 1999) again supports the idea that interracial relationships are similar to same race relationships and are not always plagued by dysfunctionality and pathological motivations by looking at attachment styles among interracial couples.  Attachment styles are described as ways that a person interacts with significant others.  There are three different types, secure, anxious-ambivalent, and avoidant, and each style has its own predictions concerning its influence in a relationship (Hazan & Shaver, 1987).  The study of attachment styles in general has grown very large in recent years and the findings about how often each style occurs in the population and how they affect relationships is rather robust.  
Within any random sample of same race couples there should be close to 60 percent securely attached individuals, with the other two categories being split fairly even.  These were the same ranges of percentages found for individuals in interracial relationships, which is the support for similarity between both types of relationships.  Also, with the knowledge that in general securely attached individuals describe their relationships as involving happiness, friendship and trust, and a little more than 60 percent of individuals in interracial relationships were classified this way, it can be argued that at least this large percentage of these relationships were not plagued by  pathological motivations.  

FUTURE STUDIES
The study of interracial relationships is still relatively young.  As evidenced in this paper there are many theories concerning these relationships but not nearly enough empirical studies done on the topic.  One study that could be done could be a comprehensive study with a large number of black/white couples.  The study would be the most direct study of the caste exchange theory.   It would include an examination of as many resources as possible.  It would look at the financial status of the individuals in black/white couples, their attractiveness, educational backgrounds and other important parts of the relationship that would be defined as resources.  This would allow for all the major aspects of the caste exchange theory to be examined in one study.  Also, the study would look at same-race relationships to see if and how interracial relationships differed, if at all.  If the results from this did not support the caste exchange theory similar to the other studies looked at, then it could be proposed that the theory should simply be discarded.  This would be an improvement over many of the studies previously cited because it would investigate more than just one side of the exchange possibilities.   
Another possible group of studies would to be to try and examine the other possible pathological motivations through implicit tests.  This would make it possible to test the hypothesis that people get into interracial relationships because of pathological motivations but do not even know it.  There could be tests to try to determine whether the person in the relationship had an underlying hatred for the other race, a hatred for their own race, or felt the need to rebel against their parents.  If these connected studies all returned results indicating that individuals in black/white relationships do not have these factors present in them, even on an implicit level, then those theoretical motivations could also be discarded as general motivations for interracial relationships.

CONCLUSION    
A quote from Aldridge (1978) who is citing J. Washington from 1970 says, “ People may marry their ‘own kind’ for the most weird reasons, yet these reasons do not make each marriage suspect.  Perhaps, the imputation of ulterior motives to interracial couples says more about the individual making these interpretations and about the society we live in than about the couple who intermarry”(358-359).  After looking at interracial relationship issues in slavery days it becomes easier to see the reasons that people would want to formulate theories and ideas against interracial dating.  Although the creators of those theories may not have necessarily wanted to keep interracial relationships from being accepted, for at least a while they did so.  
It is also important to note that the many theories, from caste exchange to undefined pathological motivations, about interracial relationships were just that – theories.  People can make up a theory to fit any situation, and by making up theories, they can often include any biases or prejudices that they believe in.  An example of theories being made to explain information in interracial relationships can be found when there is a finding of a difference in the wealth of a black male/white female couple.  If in this relationship the black male has more money, the caste exchange theory is presented to explain the finding where the black man is trading his money for the women’s higher caste status.  However, if the black man has less money, another theory about exploitation is presented where the black man is simply using the white woman for her money.  This is just a possible example of how a finding that shows a difference in either direction can still be used to formulate a theory that interracial relationships are formed for negative reasons.  
As long as these negative theories about interracial relationships are still believed in and circulate in our society, not only will some people stay away from entering these relationships but the couples that are together will continue to face discrimination and prejudice from many different sides.  As more empirical studies are done without a biased perspective I believe more evidence will be found that interracial relationships, including black/white ones, are formed and maintained in the same way that same race relationships are.  As it becomes clear that these relationships are not constantly plagued by pathological motivations, it would not be surprising to see the number of interracial relationships increase faster than it is currently.  People will no longer be afraid of becoming stereotyped if they enter these relationships, or of having their motives questioned by society, friends, and family.  
Also as these relationships become more accepted in our country and prejudice and discrimination against them goes down, it would be expected that many of the social pressures that interracial couples face will decrease.  On a large scale this should decrease the current divorce rate among interracial relationships, which according to the most recent data has two out of every three interracial marriages ending in divorce (Gaines & Ickes, 1997).  A more accepting society should also have smaller positive effects.  Couples in black/white relationships would feel more free about holding hands in public and not get as many questioning stares from strangers.  A cycle that has already begun would continue where discrimination, prejudice, and negative social pressures would decrease, while the number and quality of black/white relationships would increase.       

References                                        
Aldridge, D. (1978).  Interracial marriages: Empirical and theoretical consideration.  Journal of Black Studies, 8, 355-368.

Bernard, J.  (1966).  Note on Educational Homogamy in Negro-White and White-Negro Marriages, 1960.  Journal of Marriage and the Family, 5, 274-276.

Berry, M. & Blassingame, J. (1992).  Long Memory: The Black Experience in America. New York: Oxford University Press.

Brayboy, T.  (1966).  Interracial sexuality as an expression of neurotic conflict.  Journal of Sex Research, 2, 179-185.

Brown, P. (1989-1990).  Black-White Interracial Marriages: A Historical Analysis.  Journal of Intergroup Relations, 16, 26-36.

Clark, M., Windley, L., Jones, L., & Ellis, S.  (1986). Dating patterns of black students on white southern campuses. Journal of Multicultural Counseling & Development, 14, 85-93.

Davidson, J. (1991-1992).  Black-White Interracial Marriage: A Critical Look at Theories About Motivations of the Partners.  Journal of Intergroup Relations, 18 14-20.   

Davidson, J. R. & Schneider, L. J. (1992).  Acceptance of Black-White interracial marriage.  Journal of Intergroup Relations, 19, 47-52

Day, B. (1972).  Sexual life between Blacks and Whites: The roots of racism.  New York: World Publishing.

Foa, U., & Foa, E. (1974).  Societal structure of the mind.  Springfield, IL: Thomas.

Gadberry, J., & Dodder, R.  (1993).  Educational homogamy in interracial marriages: An update.  Journal of Social Behavior & Personality, 8, 155-163.

Gaines, S., Rios, D., Granrose, C., Bledsoe, K., Farris, K., Youn, M., & Garcia, B. (1999).   Romanticism and Interpersonal Resource Exchange Among African American-Anglo and Other Interracial Couples.  Journal of Black Psychology, 25, 461-489

Gaines, S., Granrose, C., Rios, D., Garcia, B., Youn, M., Farris, K., Bledsoe, K.  (1999).  Patterns of Attachment and Responses to Accomadative Dilemmas Among Interethnic/Interracial Couples.  Journal of Social and Personal Relationships, 16, 275-285.

Gordon, A.  (1964).  Intermarriage.  Boston: Beacon Press.

Grier, W. & Cobbs, P. (1968).  Black rage.  New York: Basic Books, Inc.

Heer, D. M.  (1974).  The prevalence of Black-White marriage in the United States, 1960-1970.  Journal of Marriage and the Family, 36, 246-258.

Hullum, E. (1982, July-August).  Black and White and wed all over.  Missions USA, pp. 67-69.

Kouri, K., & Lasswell, M. (1993).  Blackhite marriages: Social change and intergenerational mobility.  Marriage & Family Review, 19, 241-255.

Lewis, R., Yancey, G., & Bletzer, S.  (1997). Racial and nonracial factors that influence spouse choice in black/white marriages.  Journal of Black Studies, 28, 60-78.

Mills, J., Daly, J., Longmore, A, & Kilbride, G.  (1994).  A Note on Family Acceptance Involving Interracial Friendships and Romantic Relationships.  The Journal of Psychology, 129, 349-351

Monahan, T. (1976).  The Occupational Class of Couples Entering into Interracial Marriages.  Journal of Comparative Family Studies, 7, 175-192.

Murstein, B., Merighi, J., & Malloy, T. (1989).  Physical Attractiveness and Exchange Theory in Interracial Dating.  The Journal of Social Psychology, 129, 325-334.

Sebald, H.  (1974).  Interracial dating and sexual liasison of White and Black college men.  International Journal of Sociology of the Family, 4, 23-36.

Shibazaki, K. & Brennan, K.  (1998).  When Birds of Different Feathers Flock Together: A Preliminary Comparison of Intra-Ethnic and Inter-Ethic Dating Relationships.  Journal of Social and Personal Relationships, 15, 248-256.

Spaights, E., & Dixon, H. (1984).  Socio-Psychological Dynamics in Pathological Black-White Romantic Alliances.  Journal of Instructional Psychology, 11, 132-138.

Stimson, A., Stimson, J., & Kelton, T., Carmon, B.  (1979).  Interracial Dating:  Willingness To Violate a Changing Norm.  Journal of Social and Behavorial Sciences, 25, 36-45.

Yancey, G., & Yancey, S.  (1998).  Interracial dating: Evidence from personal advertisements.  Journal of Family Issues. 19, 334-348.

Yancey, G., Yancey, S., & Sherelyn, W.  (1997). Black-White differences in the use of personal advertisements for individuals seeking interracial relationships.  Journal of Black Studies, 27, 650-667.

About the Author

Ron Chapman Jr. is a Harvard graduate who has participated in many interracial relationships during his lifetime and is in an interracial marriage.

www.ronchapmanjr.com

Western Province Cabinet takes oaths 04 05 2009

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Attorney FAQ

What type of severance offer should I expect?
I was wronfully terminated from a HUGE retailer and got an attorney after the lies they told at the unemployment hearing. She sent an intent to sue letter and their response is they acknowledge the sexual harassment but not the discriminatory hiring practices. (I have witnesses) The GM of the store.

What was the court case that said: Courts would appoint you a judge if you cannot afford one?
Gideon v. Wainwright It was not Miranda. In Miranda, the court held a defenfant had to be told of his rights. Gideon holds that a defendant gets a attorney if he cannot afford one. See the movie Gideon's Trumpet, with.

What's it called when u have an attorney reppersent u for free?
How would i look up, or what are they called, when an attorney will take ur case for free? it's called doing a case 'pro bono'. that's latin and it's short for 'pro bono publico' which means for the good of the public. - Pro bono -.

What's the difference in filing a claim with EEOC or filing a lawsuit with an attorney?
I've already filed a claim through EEOC. Should I hire a lawyer too? The EEOC has sent a letter to me talking about mediation which I will probably do, however, should I have a lawyer present for that? Any info. on this will.

What's your opinion?
8 attorney generals have petitioned my space.com to release the names of registered child perverts & they have refused, saying it violates their privacy contracts.. who do you think its right?. doris p I have issues with registered sex offenders trolling on myspace. IMHO it violates the conditions they are registered under. If they refuse, they.

When a police officer violate your rights .where can i report to ?
I studied this. Go to internal affairs and complain to them. Then the whole precinct will go under investigation. - A lawyer. Can't goto the police now can ya? - police station lol - Your attorney. - how did a police officer violate your rights?.

When an attorney requests that the judge in a case be changed, is there a special name for this motion?
Just as there is a 'motion for a change of venue' and a 'motion to dismiss' a case altogether, is there also a specific name for a motion to change judges? Thank you, Henrietta Also, under a motion to.

When declaring bankruptcy can I get a public lawyer to represent me for free?
it ain't criminal! you may be able to not pay anybody else, but you can be sure you will have to pay your attorney (and a good one will earn his/her$) - Only if you are a defendant. Bankruptcy court charges a fee however..

When is the right time to get an atty if a woman is claiming to be pregnant with your child?
You should already have one. - immediately. - As soon as possible! - Now. An attorney can force her to get a paternity test. - Ummm.now? Just make sure you get a court-ordered DNA test. Whodadaddy? - As.

When on workmans comp can an employer cancel or stop your health insurance and make you take cobra?
If you are on worker's comp, you need to contact a worker's comp attorney immediately and inform him or her what is currently happening to you. Each state has its own statutes regarding worker's comp, you need an expert in.

When Subpoena can I ask the attorney who subpoened me to pay for my time?
I have recently received a subpoena from an attorney in a court case. The case involves two neighbors that are disputing a property line. They are calling me out because I inspected a leaky water heater for the one client 2 years ago. That's.

When you sue someone, can you sue for the attorney fees also?
If you sue someone, can you sue them for the attorney fees also? Say $1500-$2000 Tecnically, you are filing a complaint. If you prevail you can ask the court to award you your attorney fees in addition to any damages that you were able to prove. If.

Where can I find a low cost attorney that will help me get visitation of my 2 boys?
Houston,Tx. - Family law - Divorce not yet finalized, violating visitation in divorce degree. Dear Friend, I can understand your problem. I will suggest you to take help from USALegalCare.com. They have the best attorneys for Just $1 a Day. I.

Where can I find the best lawyer? I was in a car accident?
I was riding my motorcyle nicely and some idiot old person slams right into me, I feel like I am going to die can't breath ect. I went to the hospital ect. broken ribs, chipped spinal cord.. I am just looking for an attorney now. I.

Where do I find the law of confidentiality that preists must follow?
Religious traditional law not American Jurisprudence Is this what you mean? privileged communication n. statements and conversations made under circumstances of assured confidentiality which must not be disclosed in court. These include communications between husband and wife, attorney and client, physician or therapist and patient, and.

Where do I research my divorce attorney's track record?
Hi all, I am about to retain an attorney, but I want to find out how well he's done in previous divorce cases that have gone to court. I'm expecting a nasty fight from my ex (alcoholic) and he will spend any amount of money to win this, so I.

Who knows whats a decent price for a traffic attorney?
i'm not sure what a 'traffic attorney' would be. an attorney that handles traffic violations? Usually it's not worth your money to hire an attorney for a traffic ticket. That being said, if it's something like a DUI, there are many attorneys that will do that. Otherwise, you'll.

Who thinks this judge/attorney filing a lawsuit against the dry cleaners is just disgusting?
This guy has an issue with his ego and it's not right what he's putting this family through, over a pair of pants..Its very sad and I feel kind of sorry for him, but also would like to tell him off.. This judge is what.

Why do attorney's where suits to court?
What's wrong with wearing blue jeans, togas, sweats, etc. . . ? What does an attorney's wardrobe have to do with the case? Because wearing a suit reinforces that there is a right and wrong in society. Of course this is an illusion propogated by those in power. But, most attorney's have.

Why do people assume it is ok to just drop by an attorney's office without an appointment?
People don't do this to doctors. What is a nice way of saving you need an appointment like everybody else. I don't need smart hiney answers I have enough of them myself. Thanks. 'I'm so sorry but you must understand that on.

Why do people get mad when they call for an apt with an attorney when you can't give them one for the next day
People get mad when you say it will be 2 weeks or more and they get mad when you explain he is in court he is in trial prep he is in trial. If it.

Why does the city of park ridge, illinois municipality on its website not indicate who is its city attorney?
the city of park ridge city hall paralegal and its police personnel do not want to identify its city attorney. why? the website for the municipality is silent on its city attorney? allow me to ask you a question in.

Why does the FDA approve drugs like vioxx,recall them after people become ill from them ?
Why are they approved in the first place ? There is always an 'ambulance chaser' attorney with melodramatic commecials regarding this. Because the FDA does not look at the long term side effects of drugs. They try to find some sort of drug.

does a district attorney have more power over a judge in a ruling?
No - no, the final decision is up to the judge - Heck no judge have decision to overpower them - No. The judge runs the court room. The DA can be held in contempt by the judge. Only way to reverse judge rulings are.

Why isn't NAMBLA illegal??
Ask a liberal. Ask Ruth Bader Ginsburgh. Ask an ACLU attorney. - simple answer The ACLU The most anti american group of retards on the palent - I thought it was. - Because they and their partner, the ACLU, give millions to the Democrat Party each election. NAMBLA, ACLU, & THE DEMOCRAT PARTY SUPPORT.

Why would a lawyer want power of attorney over a patient in a nursing home?
We are very suspicious of this lawyer's request to get power of attorney for a mentally ill aunt. What would be his benefit for doing this? He is very insistant on this matter and has called several family members. She has not previously needed.

Will a judge usually grant someone an extension of time in a probate case?
Its a guardianship of the estate case. I am supposed to file an accounting before my hearing but I am not sure how to do that. I am going to have to get an attorney to assist me. Can I go to the hearing and.

Will the EEOC provide me with a attorney since i have a case and no money?
The first answer is correct. I'd add that you don't need a lawyer if the EEOC pursues your case. I handle a lot of EEOC complaints and don't recall any in which the employee had counsel. - The EEOC doesn't provide anyone.

With an attorney how do you fight a hit and run case, with no physical evidence and alibi?
I have had the judge only trial, aquitted of the careless driving charge, had my employer testify, and time cards showing alibi, no one has viewed the vehicle, the sentencing is this week, the judge's sentencing has not occurred, but once.

Would an expert witness bother to set up a consultation with my attorney if he didn't think there was a case?
I was wondering if anyone might know whether or not the expert witness surgeon that looked at my medical records would bother to set up a consultation with my attorney if he didn't think there was a case?.

341 Bankruptcy Question.What paperwork do I need to bring?
I have a 341 meeting for a chapter 7 case on June 14th. Ive filed bankruptcy without an attorney so I don't know what paperwork I need to bring with me. I contacted the trustees office who's handling it and they said they would need 2 months of bank statements.

More Attorney questions please visit : LawFreeFAQ.com

About the Author

LawFreeFAQ.com

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Test Drive! Law School Paying Firms to Hire Graduates
The Law Blog chats with Jon Attanasio, the dean of the law school at SMU, about a new program that pays employers to try out SMU students and graduates before extending to them full-time employment.

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Sexual Harassment Policy Guidelines Part I

Sexual Harassment Policy Guidelines – Part I

Permission is hereby granted to modify and use the information in this draft sexual harassment guideline, provided you include reference to the author as shown at the end.

We shall take all reasonable steps to see that this sexual harassment policy is followed everyone in our organization who has contact with employees. This prevention plan will include training sessions, ongoing monitoring of the work site and a confidential employee survey to be conducted and evaluated each year.

Sexual harassment refers to all types of unwanted sexual attention. Sexual harassment does not mean occasional compliments of a socially acceptable nature. Sexual harassment refers to conduct which is offensive to the individual, which harms morale, and which interferes with the accomplishment of our organization mission. This includes pressure to provide sexual favors, and offensive, intimidating comments or actions concerning one's gender or sexual orientation.

Four basic types of sexual harassment:

1.    Verbal harassment: Sexually suggestive comments, e.g., about a person's clothing, body, and/or sexual activities; sexually provocative compliments about a person's clothes or the way their clothes fit; comments of a sexual nature about weight, body shape, size, or figure; comments or questions about the sensuality of a person, or his/her spouse or significant other; repeated unsolicited propositions for dates and/or sexual intercourse; pseudo-medical advice such as "you might be feeling bad because you didn't get enough" or "A little Tender Loving Care (TLC) will cure your ailments"; continuous idle chatter of a sexual nature and graphic sexual descriptions; telephone calls of a sexual nature; derogatory comments or slurs; verbal abuse or threats; sexual jokes; suggestive or insulting sounds such as whistling, wolf-calls, or kissing sounds; homophobic insults.

2.    Physical harassment: Sexual gestures, e.g., licking lips or teeth, holding or eating food provocatively, and lewd gestures such as hand or sign language to denote sexual activity; sexual looks such as leering and ogling with suggestive overtones; sexual innuendoes; cornering, impeding or blocking movement, or any physical interference with normal work or movement; touching that is inappropriate in the workplace such as patting, pinching, stroking, or brushing up against the body, mauling, attempted or actual kissing or fondling; assault, coerced sexual intercourse, attempted rape or rape.

3.    Visual harassment: Showing and distributing derogatory or pornographic posters, cartoons, drawings, books or magazines.

4.    Sexual favors: Persistent pressure for dates, unwanted sexual advances that condition an employment benefit upon an exchange of sexual favors.

It is not permissible to suggest, threaten or imply that failure to accept a request for a date or sexual intimacy will affect an employee’s job prospects. For example, it is forbidden either to imply or actually withhold support for an appointment, promotion or change of assignment or suggest that a poor performance report will be given because an employee has declined a personal proposition. Also, offering benefits such as promotions, favorable performance evaluations, favorable assigned duties or shifts, recommendations or reclassifications in exchange for sexual favors is forbidden.

Any employee found to have violated this policy shall be subject to appropriate disciplinary action according to the findings of the complaint investigation. If an investigation reveals that sexual harassment has occurred, the harasser may also be held legally liable for his or her actions under provincial and federal law. Anyone making a false claim of sexual harassment will also be subject to disciplinary action.

Any employee bringing a sexual harassment complaint or assisting in investigating such a complaint will not be adversely affected in terms and conditions of employment, or discriminated against or discharge because of the compliant. Complaints of such retaliation will be promptly and thoroughly investigated.

Sexual harassment can occur in any situation, but is especially common in situations where there is a power imbalance between the perpetrator and the victim, due to gender, race, sexual orientation, status or rank differences. Sexual harassment, however, can also occur between peers. Both women and men can be victims of sexual harassment, although it is most common for women to be harassed by men. Sexual harassment also occurs between members of the same sex.

Sexual harassment differs from healthy sexual attraction because it is unwelcome and unsolicited. Sexual conduct becomes unlawful only when it is unwelcome. The challenged conduct must be unwelcome in the sense that the employee did not solicit or incite it, and in the sense that the employee regarded the conduct as undesirable or offensive. NOTE: An employee who was previously involved in a mutual consenting intimate relationship with another person maintains his or her entitlement to protection from sexual harassment, but s/he should inform the other party that any further sexual advances are unwelcome.

Sexual harassment degrades all persons and creates a hostile work environment. It is extremely costly for employers as well as damaging to employees. The effects of sexual harassment on the complainant may include loss of self-confidence and self-esteem, physical symptoms of stress, diminished work productivity, and low morale.

To fight sexual harassment, remember four tactics: confront, report, document, and support.

CONFRONT the harasser. Say No Clearly. Inform the harasser that their attentions are unwanted. Make clear you find the behavior offensive. If it persists, write a memo to the harasser asking them to stop; keep a copy.

REPORT the problem immediately, verbally and/or in writing directly to your supervisor, or to the supervisor of the accused, and to your union steward. Our door is always open and anyone who has been harassed or thinks harassment is occurring, can seek our confidential advice. We will speak with the accused at your request and inform them about illegal conduct and its consequences. We have a zero-tolerance policy for sexual harassment. If the incident is confirmed, the offending employee faces the following possible sanctions: verbal or written reprimand, negative evaluation, denial of promotion, poor recommendations, suspension, demotion, forced resignation, and termination. We will make every effort to create an atmosphere of comfort for recipients of sexual harassment to request assistance in the resolution of complaints, but at the same time we will also protect the rights of the accused until proven guilty.

Note: A single sexual advance, unless severe, may not constitute harassment unless it is linked to the granting or denial of employment or employment benefits. The unwelcome, intentional touching of a person’s intimate body areas is sufficiently offensive to be considered severe, and even a single incident can be considered as harassment. Asking someone for a date is not considered severe. But a repetitive series of non-severe incidents will be considered harassment if the offender was told to stop. It is important for the victim to communicate that the conduct is unwelcome, particularly when the alleged harasser may have some reason to believe that the advance may be welcomed such as a previous consenting relationship.

SEXUAL POLLUTION

There are some acts perceived by the recipient to have a "sexual nature" that are offensive and annoying, but may not be sexual harassment. These offensive behaviors in the workplace pollute the working environment. Therefore, these acts have been labeled sexual pollution. Sexual pollution has the potential of becoming a sexually harassing act. It is an offensive act and should be considered improper. Examples of sexual pollution are: continuous "pet" name calling, such as "baby," "sweetie, "or " honey"; referring to an individual as a "hunk," "fox," or "broad"; referring to men in general as "dogs," "swine," or to women as "bitches," "wenches, " or "chicks"; remarks of a sexual nature, open displays of written and pictorial erotica, or nude photographs or posters (such as a nude magazine centerfold) in the workplace, and continuous gift giving with the intention of getting sexual favors in return.

A single act of sexual pollution by itself may not constitute sexual harassment. However, continuous acts with the appearance of a sexual nature probably would be. The "reasonable person” standard will be used to determine if it is or not.

DOCUMENT the harassment. While the incident is still fresh in your mind, write down what happened, where, when, and how you responded, if possible, word for word. Include the names of witnesses, if any. Keep notes in a journal or notebook to show a continuous record. Send a dated, certified, return-receipt letter to the harasser, asking that the harassment stop, and keep a copy for yourself. Use your telephone answering machine to tape phone calls from the harasser, and save phone messages that are left for you. Keep the records in a safe place, away from work. Documentation will be essential if you must defend yourself in court or before an administrative hearing panel. Document your work. Keep copies of performance evaluations and memos that attest to the quality of your work. The harasser may question your job performance in order to justify his behavior.

SEEK SUPPORT from others. Talk to a friend, colleague, or relative, an organized group, or counselor, and your supervisor or someone in personnel that you trust. Not only will you benefit, you may learn of others who have had similar experiences who can offer strategies for dealing with the harassment and support. Look for witnesses and other victims. You may not be the first person who has been mistreated by this individual. Ask around discretely; you may find others who will support your charge. Two accusations are much harder to ignore. Get the union steward involved right away.

REMEDIES AVAILABLE TO VICTIMS OF SEXUAL HARASSMENT

If you have been discriminated against on the basis of sex, you are entitled to a remedy that will place you in the position you would have been in if the discrimination had never occurred. You may be entitled to hiring, promotion, reinstatement, back pay and other remuneration. You may also be entitled to damages to compensate you for future pecuniary losses, mental anguish and inconvenience. Punitive damages may be available, as well, if an employer acted with malice or reckless indifference. You may also be entitled to attorney's fees.

ARE YOU THE HARASSER?

Those accused of sexual harassment are often surprised to learn how their behavior is perceived by those who feel victimized by such behavior.

•    Review your attitudes and actions toward others. Examine how others respond to what you do and say. Is your behavior sex-neutral and bias-free?

•    Imagine yourself a victim of unwelcome sexual attention by someone having control over your career or livelihood.

•    Consider the impact you have on other's attitudes toward their work and self-esteem.

•    Do not assume that your colleagues, peers or employees enjoy sexually oriented comments about their appearance, or being touched or stared at.

•    Do not assume that others will tell you if they are offended or harassed by what you say or do.

•    Be aware of other's feelings and responses to sexual harassment. Could your behavior cause others to experience the vulnerability, powerlessness, and anger described by victims?

Permission is hereby granted for you to modify and use the information in this article provided that you include a reference as follows:

Original document created by Al Link (4 Freedoms Relationship Tantra)

About the Author

Al Link and Pala Copeland own and operate 4 Freedoms Relationship Tantra. They regularly host lover's romantic weekends near Ottawa Canada, and weeklong retreats in exotic locations. For more info Visit www.tantra-sex.com, www.sexyspiritualrelationships.com and their blog www.askaboutloveandsex.com or send email: 4freedoms@tantraloving.com

California Harassment Prevention Training Demo

I received a verbal job offer; took pre-employment drug test and have not heard back!?

I was offered a position over the phone verbally with a law firm. I was urged to go right away to the lab. I picked up the lab paperwork from the law firm, did as I was told; and it is now one week later and I have not heard another peep about this job. How long should this test take? I am not a drug user. I have sent emails, but not getting a straight answer. Advice anyone?

All is probably OK, but wait until around next Tuesday and if you still don't hear anything, give them a call.

The Importance of Having an Employee Drug Testing Policy

Employment Law - How to Make it Work For You in a Recession!

As every media outlet in the UK and beyond has been repeatedly telling us for the past couple of months, we are already in a period of economic recession. As you will also be aware, this means a tough time for businesses small and large. A topic that might not immediately spring to mind when you think of this, however, is that of Employment Law and in particular the risks you are taking if you your employment procedures are not compliant.


For both employees and employers alike, this is an area that needs to be closely inspected in case the recession reaches the low point that it is forecast to reach. Yet it's not just the consequences of the credit crunch which might lead you to look at Employment Law a little more closely. Over the past 20 years there has been a steady rise in the amount of employees taking their employers to court over decisions that they felt, after seeking legal advice, were not in accordance with Employment Law. This has particularly been the case over the past five years since the introduction of a huge amount of protective employment law and regulations that companies now have to comply with. Although much if it is the codification of simple good practice, there are a number of areas where companies continue to trip up - indeed, it can be a minefield.


It can be a traumatic experience for all parties involved, not to mention for those connected to parties involved, which is why knowledge in this field of law is especially useful. Good advice will reduce any stress and worry involved, so that you can rest assured that your procedures are watertight and potential claims are limited.


There are various reasons as to why an employee might take legal action against his former (or sometimes current) employer. Three of the most frequent reasons include Harassment, Discrimination, and Unfair Dismissal.


Discrimination is a common complaint, particularly since the instigation of the Human Right Acts, and it can take a number of forms. The grounds on which people are discriminated against comprise of anything including:


1. Sex

2. Race

3. Disability

4. Religious Belief

5. Age

6. Sexual Orientation


Instances in which it is unlawful for an employer to discriminate against you on the grounds of these include:


• Refusing to employ or consider you for a job

• Offering you a job on less favourable terms than others

• Refusing to promote or transfer you to another job

• Giving you less favourable benefits than a colleague

• Shortening your working hours

• Dismissing you or making you redundant


There is a huge amount of legislation relating to the different types of discrimination and it is imperative that your company complies rather than facing the consequences of not doing so. If a disabled person was to take legal action against their employer then they would do so upon the basis of the Disability Discrimination Acts of 1995 and 2005, for example. Another illustration of this would be the 1976 Race Relations Act, which makes it unlawful for your employer to discriminate against you on the grounds of your colour, nationality, ethnic or national origins.


Harassment on the grounds of sex, including sexual harassment, is considered to be direct discrimination and is strictly prohibited by law. In broad terms, harassment can occur where: Unwanted conduct on any of the areas covered by the discrimination laws is apparent; an intimidating, hostile, degrading or offensive atmosphere is created; or the person is the recipient of embarrassing jokes, offensive jokes, pranks, or unwelcome physical or sexual advances.


In addition to Discrimination and Harassment, there is the matter of Unfair Dismissal. If you are an employee and feel your employer has dismissed you unfairly then you might be able to make an unfair dismissal claim to an Employment Tribunal. However, in most instances you will need to have been employed for at least a year to make a claim. The onus is on you as an employee to show you have been dismissed and your employer to show they have a valid reason for dismissing you and acted reasonably in the circumstances. An important thing to note here is that (again, in most instances) a claim must be made within 3 months of the effective date of termination. Nevertheless, this may be extended to 6 months in some situations.


Ultimately, it can only be beneficial to stay abreast of Employment Law to make sure you are treated fairly and treat your employees fairly, and it is important to get professional legal advice on any matter that might lead to legal action. This knowledge, in turn, will reduce any stress on your part, which any employee or employer will admit is a welcome consideration regardless of the economic climate.

This article is free to republish provided the authors resource box below remains intact.

About the Author


John Mehtam is an experienced
UK Employment Law Solicitor
and specialises in
UK Employment Law Advice
from Shropshire based Employee SOS. The Employment SOS help line telephone number is 0845 293 2729.

Human Resource-Business Administration

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Kentucky suit seeks truth on abuse
It had been more than 80 years since James O'Bryan stepped inside a Roman Catholic church. He hadn't attended Mass since the late 1920s, when he says he was fondled at age 7 by a priest at Saint Cecilia Catholic Church in Louisville. O'Bryan is one of three men who filed a U.S.
Congressman Brad Sherman: Martial Law if We Voted No [1]

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Early termination of probation in Dallas, Texas?

First time dwi conviction in late 2005. I completed my terms of probation almost immediately...80hrs comm. service, MADD/DWI classes, fines, alcohol/drug screening (passed), steady employment, I've reported to my PO every month w/payment, etc., etc. The entire process has been a struggle emotionally and physically; of course, I deserved it for the night I tried to drive home drunk. It's affected my employment eligibility despite my having no prior records, great skills, good manners, and a college education. I've learned a hard lesson the hard way...but I feel like 2yrs probation is a lot; especially considering probation is designed to make probationers fail. What I'm wondering is that in three more months, when I've completed half of my probation term, is there any way to get my probation terminated early for good behavior? And is this ever done through a PO instead of a lawyer? I'm in Texas & our laws are strict. Please no lectures...

A friend of mine from Texas had the same issues - whether or not things have changed since she was there (sounds like it hasn't) she had to complete the terms of her probation. You could certainly ask your PO about it, although you might still have to get a lawyer.

Probation isn't designed to make or break probationers. That choice falls upon them. Your PO is there for you to talk to if you feel like you're going to go out and drink drive again or other. Get involved with a support group (not that you have to, but because you want/need to) Keep a chin up, complete your terms and just do your best.

If you think Texas is strict - my friend did it again here. Only after she completed everything she was suppose to do by court order - the judge tacked on more time with a home monitor for good measure. She couldn't leave home without calling and asking for permission to do so. The phone line had a device on it that told them to hang up the line if they were on it too long. As soon as they got off someone would call to check and talk to her.

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Filing a Workplace Discrimination Lawsuit

Laws centering around employment and the workplace are usually quite different from most other law related fields because, generally speaking, several different conditions need to be satisfied before litigation can get underway.


In Texas for instance, someone who is claiming to be a victim of employment discrimination on the basis of gender, age, race, nationality, or disability must first file an official Charge of Discrimination with one of two government agents: the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission/Division of Civil Rights. A qualified Texas employment attorney will usually be willing and able to help you file these charges before proceeding.


Time is of the utmost essence and is absolutely critical and is a complicated aspect of employment discrimination claims. Generally, discrimination charges must be filed within a timeframe of 180 days (6 months) of a discriminatory event, such as an unlawful termination.


However there are provisions for filing later - using Texas as an example again, Houston labor lawyers have successfully filed as late as 300 days after the discriminatory event occurred. Typically, as recent reports have confirmed, those who are hasty in charging files (within the recommended 180 day time frame) will have more strategic options and will have a better chance of reaching settlements. Therefore it is highly recommended that filing take place during the first six months.


In Texas, when a victim files a Charge of Discrimination with the EEOC, it is then filed with the Texas Workforce Commission/Division of Civil Rights. Once the EEOC has completed their investigations, which may be conducted by the EEOC itself, a right to sue letter is provided giving you 90 days from its receipt to file a lawsuit in Federal Court against the accused job discriminator.


However, it is preferable, in some situations, to also request a right to sue letter from the workforce Commission/Division of Civil Rights. This right to sue letter provides a 60 day time frame in which to file suit. If the employer in question is based within the state, Federal Court (in a somewhat more difficult forum for employees to prevail) can be avoided and suit can be filed through the state's court system, which is typically a more favorable forum by which to sue.


Once a suit is filed, you are increasingly reliant on your attorney to provide the research, dedication and knowledge to see that you are successful in your lawsuit. There are numerous other strategic considerations concerning the discrimination laws. A qualified Texas labor lawyer could be the difference in justice and disappointment. On-job discrimination is not to be taken lightly.

About the Author

Art Gib writes for Rosenberg Law (http://www.rosenberglaw.com), a Texas Employment Attorney law firm specializing in labor law and job discrimination based in Houston, Texas.

Litigation Accounting Expert Witness Services In Houston Texas

Protecting Your Employees,protecting Your Business

The recent series of high-profile labour events has thrown a spotlight on the protection of workers' rights in China. Several foreign multinationals, including FoxConn, McDonald's and Yum! Brands Inc (which owns the KFC brand), had been investigated for providing poor working conditions, underpaying their part-time workers and engaging in other unfair labour practices. The rescue of slave workers from the brick kilns and mines in Henan and Shanxi provinces had also made headlines in many local and international news media.

These events and the recent enactment of the revised China labour law on June 29 after 18 months of heated debates, are reminding foreign investors to be mindful of their legal obligations as an employer in China.

Obligations of Foreign Employers

China has its own unique labour system and regulations. Apart from the usual employment requirements, such as signing contracts with workers, meeting wage standards and issuing salaries on a timely basis, employers in China are also obligated to:

1. File their staff employment and dismissal with relevant government bureaus;




2. Maintain employees' personnel files - a unique Chinese document that records the academic and employment history of an employee, and the responsibility of maintaining the file is transferred from one employer to another when the employee changes jobs;




3. Withhold and pay individual income tax on behalf of their employees;




4. Make monthly contributions to their employees' social benefits and housing funds.

Most of the above processes are complicated by the involvement of several government bureaus and mounds of tedious paperwork. For the unfamiliar, staffing their China operations may pose a challenge. What follows is a useful list of "must-knows" for employers in China.

1. Employment contract

Official employment contracts written in Chinese must be provided to all employees. While there is no standard contract format, the agreement should bear critical information including term of contract, probation period, job responsibilities, labor protection and working conditions, compensation, termination conditions, disciplinary rules and breach of contract provisions. Depending on individual needs of companies, it is also common to include other contract terms such as non-compete clause, nondisclosure agreements and training bond period.

2. Term of contracts

Three legal forms of employment terms exist in China:

• Fixed Term Employment - contract terminates once the stated time period lapses. Upon expiration, the contract can be renewed with mutual consent from both contracting parties.




• Open-Ended Employment - contract without termination date.




• Project-based Employment - contract terminates upon completion of a stated project.

Due to the common abuse of fixed-term contracts by companies to avoid longterm employment commitments, the new labour law includes several provisions to curb such practices and better protect workers' rights. Now, companies can sign at most two fixed-term contracts with an employee and are obliged to pay severance compensation if they do not renew the contract.

3. Wages

The wage standards vary across different regions of China, depending upon economic conditions and job requirements. For Shanghai, the current minimum required wage stands at ¥840 per month.

4. Social Welfare Benefis

Employers are obliged to contribute to the employees' social welfare benefits on a monthly basis. The Domicile City Insurance is the most common benefit scheme adopted for employees of Shanghai residency. The contribution by both employer and employee is detailed in the table above. The contributions are calculated based upon the gross salary paid to the employee, but a varying minimum base and maximum cap applies for Shanghai, Beijing and Guangzhou.

 




Shanghai






Beijing






Guangzhou








Social Benefits

Paid bycompany

Paid by employee






Paid by company






Paid by employee






Paid by company






Paid by employee








Pension Insurance

22%

8%

20%

8%

20%

8%








Unemploy -ment Insurance

2%

1%

1.5%

0.5%

2%

1%








Medical Insurance

12%

2%

10%

2%

8%

2%








Workplace Insurance

0.5%

-

1%

-

0.5%

-








Maternity Insurance

0.5%

-

0.8%

-

0.5%

-








Housing Fund

7%

7%

8%

8%

5%

5%








Total

44%

18%

41.3%

18.5%

36%

16%

Minimum Salary Base

1478 RMB






1640 RMB






1816 RMB








Maximum Salary Cap




7392 RMB






9024 RMB






9080 RMB

5. Working hours

The China labor law stipulates an eight-hour workday, with no more than 40 working hours per week for full-time employees. If there is a specific need for overtime, companies would need to discuss the arrangements with the relevant union and provide overtime compensation, set at 150 percent of normal wages for overtime on normal workdays, 200 percent for rest days, and 300 percent for national holidays.

6. Leave and vacations

Similar to other international labour practices, China's leave and vacation policy includes annual leave, wedding leave, funeral leave, maternity leave and sick leave. In addition, employees working out of their registered province or city are eligible for family visitation leave.

7. Termination

Generally, workers can terminate their employment contracts by providing a 30 days written notice to the employer. However, the prior notice can be exempted if the worker is still under probation or if the company fails to fulfill its legal obligations as an employer. Termination by employers is much more complicated and often involves severance compensation. An employer can dismiss staff without prior notice or severance pay only if the worker fails to perform during the probation period or if the worker commits a serious breach of conduct, dereliction of duty or crime in accordance with the law. In other situations, the employer will be required to give 30 days' notice to the employee and/or pay compensation stipulated by the provincial governments. The new labour law also states that companies planning to reduce their workforce must consult the labour unions 30 days prior to the dismissal.

It is undeniable that China offers vast opportunities for foreign investors, but at the same time, the risks of labour disputes can significantly impact business operations. It is therefore critical for employers to develop responsible HR strategies that ensure stable business operations in China.

The JLJ Group

The JLJ Group is a one-stop service-provider assisting foreign companies to enter or grow in the China market. Our services in the following five areas assist foreign companies who wish to Research the Business Environment, Enter the Market or Grow their Business in China:

- Market Consulting
- Corporate Formation
- Human Resources
- Tax &  Accounting
- Business Process Outsourcing

For more information, please visit www.jljgroup.com or email to info@jljgroup.com.

About the Author

AJ Hu is the Partner of The JLJ Group (www.jljgroup.com), a Shanghai-based fi rm assisting foreign companies to enter or grow in the China market.

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Does receiving separation from DEP affect future employment with a law enforcement agency?

I recently requested -and subsequently received- separation from a military branch's DEP (Delayed Enlistment). I have been advised that I can honestly state I have never been in the Armed Services (due to never being on Active duty, nor entitled to any kind of military pay). Although I wanted to serve, circumstances changed between my signing and my ship date.
My question is: If I choose to apply to a police/law enforcement agency at a later date, can I honestly state that I have never been in the military? Will the military keep a record of my DEP separation? I have heard contradicting answers, and am looking for definitive answer from former or current military.
As well, to military servicemen, I envy your position and thank you for your honorable service. Thank you in advance for your answers.

You never served but you did apply and were accepted. That generates a paper trail for yourself and not necessarily a bad one. The fact you were accepted means your character and background are reasonably sound. When filing out the application state you never served if it asks any other questions like have you been dishonorably discharged, you can answer no. Keep the paperwork handy and explain to the person reviewing your file what took place. They will most likely ask for copies and check out your story. If its legit, there should be no problems. If it isn't there will be. BUT if you don't at least mention it and they find out about it, it may seem like you are hiding something and that could be the worst thing of all.

Women In Federal Law Enforcement / Documentary Video

[mage lang="" source="flickr"]employment law tupe transfers[/mage]
does anyone know anything about TUPE law (Transfer of Undertakings, Employment Protect) R.E back pay?

i was TUPE'd over to a new employer when my old employer lost the contract to supply services. Under my old terms & conditions i was contracted to do 40 hrs a week. I have since discovered that i am the only employee over 4 sites that has been working this, every one else does 37.5 or is part time. This equates to approx 120 more hrs worked than other non tupe'd employees - can i claim back pay??

I doubt it as the contract you were on would be the one that transferred from the old company.....Go to the ACAS web site on line this will have all the info you need....They also have an advice line to contact direct and they will be able to give you the most up to date legal info possible.....You could also speak to the Union if you are in one to get advice as to site wide implications.....Hope this helps

Apple’s Reputation Threatened for the Law

July 14 (Bloomberg) -- Jiang Bo says he drove a cement truck for China’s Shenzhen Antuoshan Investment & Development Co. 12 hours every day for seven years without overtime pay.

A national labor contract law implemented Jan. 1, 2008, was supposed to limit work hours and ensure severance pay. A week later, the concrete company asked Jiang to sign a contract setting his base salary at 810 yuan ($119) a month, 45 percent less than he usually earned, to avoid additional overtime costs, he says. Jiang refused and was let go without compensation.

Employers ignoring a law designed to mute labor discontent prompted Chinese workers to file double the number of claims last year with courts and arbiters, the government says. The trend leaves international manufacturers open to potential consumer backlash that may stem from any abuses. U.S. companies such as Wal-Mart Stores Inc. and Nike Inc., main Chinese manufacturer of shoes, said they’re training Chinese suppliers on the rules and inspecting them for compliance.

Beaverton, Oregon-based Nike held workshops with contract factories after the law took effect to ensure they understood its ramifications and Nike’s expectations, said Kate Meyers, a spokeswoman for the sportswear company.

Apple Suppliers

Apple Inc., which relies on Chinese manufacturers for its iPhones and iPod music players, found 45 of the 83 factories it audited last year didn’t pay proper overtime and 23 provided less than minimum wage, according to its 2009 progress report on supplier responsibility. The Cupertino, California-based company required them to adjust practices to ensure correct payments, it said in the report.

Apple has been auditing how its Chinese suppliers treat their workforce since 2006, spokesman Steve Dowling said. The number of units audited more than doubled last year from 39, and the company trained more than 400 of its employees to monitor compliance with its factory standards, according to the report. Apple also instructed more than 27,000 Chinese supplier employees and managers on worker rights and social responsibilities, the report found.

Little Incentive

The Electronic Industry Citizenship Coalition, whose members include several Meitai contractors, said in an April 3 statement that corrective actions were to be taken. The plant is making improvements, Meitai spokeswoman Catherine Lien said.

Meitai is not a direct Chinese supplier for Round Rock, Texas-based Dell or Palo Alto, California-based Hewlett-Packard, spokeswomen for each company said. Both companies asked their direct Chinese suppliers to do an investigation and changes are being implemented, they said.

Chinese suppliers have little incentive to abide by the rules, said Bama Athreya, executive director of the International Labor Rights Fund in Washington.

 Worker rights abuses have long been an issue for U.S. and European companies that turn to developing nations for cheap labor, slashing prices for consumers. They have attempted to protect themselves by setting codes of conduct for Chinese suppliers and instituting audits to measure compliance.

About the Author

China buyer's agent. China sourcing agent.

http://www.cnbuyersagent.com/

Harmon Melva - Little Rock, AR

Finding A Criminal Lawyer : Thoughts On What To Look Out For To Help Your Case

Because criminal law is such a contentious area at best, you are going to need a really good one should you have to prove your innocence in a case. So Finding A Criminal Lawyer In Cleveland is absolutely the first step you must take. Because going to court can become highly stressful, you want someone who is experienced and trained to represent you in a court of law.

Here's what you should look out for in an attorney:

Whatever the case, a great attorney will let you know exactly where you stand. There are lots of intricacies of criminal law so look for someone with the experience.

Criminal attorneys that are good will always look after your best interests. They will not ask you to plea bargain unless it is the only alternative. If at all possible, speak to a few existing clients which they are representing to get first hand testimony whether they are competent enough.

Look out for lawyers who are diligent, who have an eye for detail and have a hunger to win cases. Winning cases is what attorneys want. So make sure you go with a winner. They should also be able to handle a large case load without loosing their focus and should fight until the last minute to get you free or at least reach an acceptable outcome to both parties.

It is thus beneficial to employ a criminal law firm that has been in this type of business for a long time. The older lawyers have a lot more to offer as they know the right people. But it is of course up to you to feel happy with your choice at the end of the day.

When it comes to legal fees we all know how exorbitant they can get. But here you need to be vigilant and the best type of representation would be one that works on a contingency fee basis. For example, you would not pay anything up front and only have to settle the bill if the case is won. Most of them will require you to pay a retainer fee in order for them to represent you.

Every week you should be notified of your cases progress. It is important for you to feel that you have not been forgotten and that regular contact be made between you and your lawyer. So Finding A Criminal Lawyer In Cleveland will only benefit you, as your case will be processed speedily no matter what the circumstances.

About the Author


You can get the greatest
Criminal Lawyer Cleveland
has to offer fast! When you need the most effective
criminal attorney Cleveland
can provide, you now have an easy way to get him.

Cleveland Ohio Criminal Lawyers - Law Office of Timothy Farrell Sweeney

[mage lang="" source="flickr"]employment law full time hours[/mage]
Anyone know anything about employment law?

Hey everyone,
Im having a problem and want a little expertise in the subject of employment law. My boss has been making our group work mandatory overtime since August..it is now January. It's one hour a day and we are getting paid time and a 1/2 for working this OT. We get an hour lunch. We were told the other day that this OT would be indefinite, might not ever end. We were all hired to work 8-5 since this is business hours. We were told now that we either have to work 7am-5 or 8am-6. I thought the standard full time shift was 40 hours? I've tried talking to my boss about it, because Im also a full time student. She doesnt think that one hour is alot, but that hour really makes a difference when you have other obligations outside of your job, especially when its been 1 hr per day for the last 6 mos..that really adds up!! Is this legal?

There are two ways to know ..one from your Company policies and procedure and other is at the Government Labor Department.
LOVE YOUR JOB, BUT NEVER FALL IN LOVE WITH YOUR COMPANY BECAUSE YOU NEVER KNOW WHEN COMPANY STOPS LOVING YOU?
I know people who work 12 hours a day, 6 days a week, or more. Whatever the reason for putting in overtime, working long hours over the long term is harmful to the person and to the organisation.
Being in the office long hours, over long periods of time, makes way for POTENTIAL ERRORS.
For instance, here is a guideline I find helpful..
Wake up, eat a good breakfast and go to work.
Work hard and smart for eight or nine hours.
Go home.
Read the books/comics, watch a funny movie, dig in the dirt, play with your kids etc.
Eat well and sleep well.

Jaburg Wilk Client Testimonials

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International Law And Municipal Law: The Interface

Introduction

It is the nature of man to live in communities.  He lives in this fashion in every part of the world today, and the evidence of history and pre-history shows how long he has been doing so.  But then it must be noted that where people live together conflict is bound to arise due to various conflicting interests among the people.  Also, bearing in mind that everybody tries to work hard, obtains basic needs and all other things which help to make life happy and comfortable which are incidentally in short supply, since the supply is always in short in proportion to the demand, competition for them sets in.  It is a race in which we all engage, and in every race or game there must be rules and regulations. Else, we are moving towards the ‘state of nature' as enunciated by Hobbes.  Therefore, the existence of rules and regulations (law) becomes a sine qua non to the peaceful co-existence of people and nations all over the world.

This chapter therefore, attempts a critical examination of International and Municipal laws.  The chapter is divided into three parts.  Part one which is the introduction provides theoretical background for the work.  In it, clarifications of some concepts that are germane to the study are done.  It also looks briefly at purposes and characteristics of law.   Part two compares vividly international law and municipal law looking at the debate on the relationship between the two using the contending theories.  Part three, which is the concluding aspect, presents a complementary nature of international law and municipal law, thereby viewing both laws as real, irrespective of their peculiarities.

Understanding the Concepts

Since conceptual clarification is a form of intellectual ritual that gives clarity and validity to any discussion, it is therefore necessary to explain concepts that are germane to this study for the purpose of deeper understanding.

The Concept of Law

There have been various definitions of law by different scholars across the global intellectual communities.  These definitions exist, ranging from the philosophical to the practical, Plato called law social control; William Blackstone (1977) sees law as rule, specifying what was right and what was wrong.  For the purpose of this study, law is viewed as a body of rules that establish a certain level of social conduct, or duties that members of the society honour (Davidson, 1998:3).

Law simply means an arrangement that coordinates and confines people's behaviours to conform to an agreed general ways of human conduct in a given society, with a threat of sanctions against defiant behaviours. Inferred from the above definitions is the need to obey the law. This is because disobedience may attract sanctions that may result in imprisonment, fine or death, depending on the nature of offence. Law may also be defined as a body of rules or regulations governing the conduct of human beings in their social regulations.

The Concept of Municipal Law

Municipal law is the internal law of the state, binding on the citizens of the state.  It is defined as the domestic law of a state regulating the conduct of individuals and legal entities within it (Aguda, 1999).  It is national or internal law of a state.  Shaw sees municipal law as law that governs the domestic aspects of government and deals with issues between individuals and the administrative apparatus (Shaw, 1997:105).

The Concept of International Law

It is an indisputable fact that international law is a victim of definitional pluralism; this is because many scholarly definitions have been given to it by various scholars of repute from different perspectives.  Some of these definitions will be explored for the purpose of this study.

Khan et al (1968) defines it as a ‘body of rules, laws, and norms, which serves to limit the sovereignty of state in the international society.  Oppenheim (1995) sees it as the ‘body of customary and treaty rules which are considered legally binding by states, in their intercourse with each other.'  Jessup (1968) presents it as the body of laws, which is applicable to states in their relations and to individuals in their relations to other states.  In the same vein,  Kolawole (1997, 278) defines international law or what he calls the ‘law of nations' as the body of rules and principles of action which are binding upon civilised states in their relations with one another.  International law is the law at the international level made by the collective will of states and to lesser degree organisation and individuals (Shaw, 1997, 105).  In essence, international law is a body of generally accepted principles and rules regulating or controlling the conduct of states, individuals and international organisations for the purpose of peaceful coexistence in the international plane.

Dimensions of International Law

            The scope of international law can be categorised into six broad items, namely: one, the law of peace, which seeks the peaceful settlement of international disputes.  Two, the law of war, since conflict is an inevitable outcome of human and states relations, conducts of hostilities, must conform with laid-down regulations in terms of types of military wares and ammunition to be used, and stages of their utilisation, targets and non targets of attack, areas of combat, treatment of civilians, journalists and prisoners of war and refuges; and the duties of humanitarian agencies such as the Red-Cross otherwise called ‘doctor without borders'. Three, the law of neutrality, international law forbids aggression on neutral states in war.  It also spells out reciprocal responsibilities for neutral states.  Law forbids them to render any form of assistance whatever military or civil to any of the parties engaged in hostility.  Four, mercantile laws, which relate to regulations on international trade, foreign investment and multi-lateral trade agreements by states. 

Five, is the law of the sea.  The sea is very vital to the world economy as it provides varied marine food and mineral resources. It serves as a means of international transportation, and it serves as strategic resource for national defence.  For these reasons, nations have fought wars over marine resources.  Consequently, activities of states in the sea need to be regulated in order to present inter-state disputes.  Six, convention on the use of outer spaces.  The law regulates the exploration and launching of objects into outer space (Ajayi, 2000).

Characteristics and Purposes of Law

The inherent nature of human beings is their unpredictability in terms of behavioural conduct. States, groups and international organisations, like individuals who constitute membership of these social formations, suffer from this innate problem.  Therefore, for law to really serve its purposes, a competent and constituted body that has recognised authority must make such law.  It must also be ultimately enforceable; any law that cannot be enforced is no law.  It must also be dynamic because society in which it operates is dynamic.  Law should also be consensual.  International law is one of consensus rather than one of force.  Even in the national society laws are only laws when one consents to it.  It might be out of fear of reprisal or coercion.

Law generally serves the following purposes in any society.  Law regulates conduct, maintains peace, and provides protection and means of achieving justice.

Specifically, law serves as a tool of order; as a tool order, it promotes order within the national and international society.  There is no denying the fact that a comprehensive set of rules, regulations, obligations, rights, legal doctrines and decisions of national and international tribunals on legal matters does help to promote international order.  Law regulates the behaviour of the citizenry.  Without law, society would have been disorganised and become ungovernable (Kolawole, 1997).

A scholar have identified the functions of international law, which include minimising frictions between and among states, stabilising the behaviour of states, facilitating cooperation between and among states, protecting individuals, settling disputes and serving as a tool of public relations and propaganda (Adeniran, 1983).

International law also serves as an instrument of national policy.  It contributes to a nation's means of attaining its objectives in foreign policy.  It also serves as integrative force, in the world community, since no state can live in isolation, it atomised the entire states and people of the world into one whole as they are all subjects of the law without prejudice to race, colour or class (Ajayi, 2000).

Comparing International Law and Municipal Law

The relationship between international law and municipal law is full of theoretical problems.  The international legal literature on the subject records two main principal theories involved in the debate.  But it is to be noted that this part does not necessarily distinguish or differentiate international law from municipal law or give one primacy over the other, but rather, justifies the existence of both laws as laws in the real sense of it.  Although, some of the arguments put forward by different schools of thought to explain the relationship between the two laws will be explored for theoretical explanation and academic consumption.

The dualist or pluralist school of thought assumes that international law and municipal law are two separate legal systems, which exist independently of each other (Malanczuk, 1997, 63-71).  Dualism stresses that the rules of the systems of international and municipal laws exist separately and cannot purport to have effect on, or overrule the other.  This according to the school is because of the fundamentally different legal structure employed on one hand by the state, and on the other hand as between states (Malanczuk, 1997).

The dualist position is accepted by the posivists like Triepel and Anzillot.  Triepel maintains that international law must be incorporated into the municipal law, because the subject of state is the individual whereas the subject of international law is abstract entity known as the state.  Since subjects are not the same, there has to be a transformation from one to the other, i.e. international law has to be transformed into the state law before it can be applied to individuals.  This process is also called ‘Transformation theory'.  The claim of Triepel as regards state as only subject of international law can no longer be sacrosanct due to dynamism in law.  In the contemporary international law, individuals are seen as subject but with limited capacity. 

The 1945 Nuremberg Trial made individuals subject of international law; there was also Angola Trial, etc.  Anzilloti (1967) talks of the conditioning of the two laws.  In his opinionated view, state laws are imperatival and hence it has to be obeyed, whereas international law is in the nature of promises; it is therefore necessary to transform a promise into command before it becomes applicable in the municipal law.  The position also is not sacrosanct, in the sense that law is not necessarily command, people obey the law when they consent to it and often times people obey because of the possible gains that can be acquired.

The second school of thought known as Monist, has a unitary perception of the law and understands both international law and municipal law as forming part of one and the same legal order.  The most radical version of the Monist approach was formulated by Kelsen, in his view, ‘the ultimate source of validity of all law', is derived from a basic rule of international law. 

Kelsen theory implies that all rules of international law were supreme over municipal law, that a municipal law inconsistent with international law was automatically null and void and that rules of international law were directly applicable in the domestic spheres of state.  Kelsen's view was on formalistic logical grounds.  They opposed strict division of the two laws as demonstrated by the dualists and accept the unitary view of law as a whole.  Kelsen utilises the philosophy of Kant as its basis.

Law is regarded as constituting an order which lays down patterns of behaviour that ought to be followed, coupled with the provision for sanctions, which are employed once an illegal act or course of conduct has occurred or been embarked upon.  Since the same definition implies both within internal sphere and international sphere, a logical unity is forged. Since states own their legal relationship to the roles of international law, and since states cannot be equal before the law without a rule to that effect, it follows that international law is superior to or more basic than municipal law. 

Kelsen emphasises the unity of the entire legal order upon the basis of the predominance of international law by declaring that it is the basic norm of the international legal order, which is the ultimate reason of validity of the national legal orders too (Kelsen, 1997).

Lauterpacht in his contribution uphold a strong ethical position with deep concern for human right.  He sees the primary function of law as concerned with the well-being of individuals and advocates the supremacy of international law as the best method of attaining this.

Interestingly, Article 27 of the Vienna Convention on the law of treaties states that: a party may not invoke the provisions of its internal laws as justification for its failure to carry out an international agreement.  However, expression on the supremacy on the international law over municipal law in international tribunals does not mean that the provisions of domestic legislation are either irrelevant or necessary.  On the contrary, the role of international legal rules is vital to the working of the international legal machine.

One of the ways that is possible to understand and discover a state's legal position on a variety of topic important to international law is by examining the municipal laws.  A country will express its opinion on such vital international matter at the extent of its territorial sea or the justification it claims or the conditions for the acquisition of nationality through the medium of its domestic law making.  Thus, it is quite often that in the course of deciding a case before it, an international court will feel the necessity to make a study of relevant pieces of municipal legislation.  The rules of municipal law can be utilised as evidences of compliance or non-compliance with international obligations (Shaw, 1997).

Complementary Nature of International Law and Municipal Law

International law does not entirely ignore municipal law.  For example, municipal law may be used as evidence of international custom or of general principles of law, which are both sources of international law.  Moreover, international law leaves certain questions to be decided by the municipal law (Akhurst, 1977).

Harmonisation theory succinctly provides an answer to the true relationship of the two laws by asserting that:

The starting point in the legal order is that man lives not in one jurisdiction, but in both.  International law and municipal law are concordant bodies of doctrine, autonomous but harmonious in their aim of basic human good.  When faced with an actual problem, a municipal court applies the rules operative within its jurisdiction and may in fact, apply international law to the exclusion of municipal law, or vice-versa (Aguda, 1993: 32).

A treaty or other rule of international law imposes an obligation on states to enact a particular rule as part of their own municipal law.  Similarly, there is a general duty for states to bring domestic law into conformity with obligation under international law either through transformation, incorporation, adoption or reception, e.g. treaties ratified in accordance with the constitution automatically become part of the municipal law of the USA.  In Britain, the traditional rule is that customary international law automatically forms part of English law (Akhurst, 1977).

In a case before a municipal court, a rule of international law may be brought forward as a defence to a charge.  For example, a vessel may be prosecuted for being in what the domestic terms is regarded as territorial waters, but in international law, it would be treated as part of the high seas.

Okeke (1986:6) puts it in this manner:

…as states grow in their international outlook, and as they participate in either the creation of new rules of international law or in the re-definition of the already existing ones, it must be borne in mind that the world is now advancing on the principle of interdependence and mutual cooperation.  The age of holding tenaciously to the principle of absolute sovereignty is far gone.  Indeed, a state by taking laws to be in conformity with international law is a legitimate exercise of the sovereignty of such a state.

Okeke's position stresses the dynamism in law and the society, when the law operates and the need for global intercourse of nation for global benefits; and such interaction must be regulated with law both at national and international levels so as to have peaceful and ordered world.

Okeke in his analysis cited a section each from the constitution of Germany and the United States of America to affirm the interconnectedness of international and municipal laws. The constitution of the Federal Republic of Germany provides:

            The general rules of public international law are an integral

             part of the federal law. They shall take precedence over the

            laws and shall directly create rights and duties for the inhabitants

             of the federal territory (Okeke, 1986).

In the same manner, the American constitution also provides:

            The constitution and the laws of the United States, which shall

             be made in pursuance thereof, and all treaties made, or which

             shall be the supreme law of the land, and the judges in every state

             shall be bound thereby, and everything in the constitution or laws

             of any state to the contrary notwithstanding.

In addition, the rule of the municipal law can be utilised as evidences of compliance or non-compliance with international obligations, e.g. the issue of respect of fundamental human rights.  Though, in some countries the law will sometimes fail to reflect the correct rule of international law, but this does not necessarily mean that states will be breaking international law.

Conclusion

From the submissions above, ranging from definitions of law, characteristics and purposes to relationship and complimentary nature of municipal law and international law, it is clear that both laws possess the qualities of law and all that takes to be called laws.  They serve the same purposes and perform functions of law because they are meant to regulate conduct, maintain peace, provide protection, achieve justice, etc.  They are both enforceable; they have different mechanisms of enforcement and agencies.  They are both dynamic in nature, they are made by competent and recognised authority, etc.  As a matter of fact, both laws have been able to work towards achieving well ordered societies, which is the ultimate goal of any law.  Therefore, international law and municipal laws are real laws.

References

Adeniran, T. 1983 Introduction to International Relations.  Ibadan, Macmillan Nigeria Ltd.

Aguda, A. (ed.) 1999 Introduction to International Law.  Ibadan, Spectrum Law Publishing.

Ajayi, K. 2000 International Administration and Economic Relations in a Changing World.  Ilorin, Maaba Publisher.

Akehurst, M. 1977 A Modern Approach to International Law.  London, George Allen Publishing Ltd.

Anzilloti, T. 1967  International Law and State.  England, Oxford Press.

Davidson, K. and M. Forsythe 1998  Business Law. USA, West Educational Publishing Limited.

Jessup, P. 1968  A Modern Law of Nations.  Handen Conn, Archan Books.

Kelsen, J. 1997  International Law.  Edinburgh, Rose Publishing Ltd.

Kolawole, D. 1997  Reading in Political Science.  Ibadan, Dekaal Publishing Ltd.

Malanczuk, P. 1997  Akehurst's Modern Introduction to International Law.  Padstow Con Wall, TJ International Ltd.

Okeke, C. 1986  Theory and Practice of International Law in Nigeria.  Forth Dimension Ltd.

Oppenheim, O. 1995  International Law.  London, Longman.

Shaw, N. 1997  International Law.  UK, Cambridge University Press.

About the Author

The Author, Tolu Lawal, was born on April 7th, 1974 in Oka Akoko, Ondo State of Nigeria, West Africa. He holds B.sc Political Science and M.sc Political Science(Public Administration option). He is currently a doctoral student of University of Ibadan, Nigeria. He is of Political Science Department.

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A federal report castigated a Texas company for abusing and underpaying several mentally disabled men who were housed in a ramshackle building while working at an Iowa turkey processing plant.
Dallas Read Estate Attorneys Norcross & Associates, Attorneys & Counselors at Law

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Labor/ employment laws?

I missed 4 days of work due to having multiple extractions, which dry socketed, which then abcessed, i had Dr notes for every day missed and called in before the shift started as the guidelines say to do, yet still got fired upon my return. Id been there only a year. Is this legal? Theyve also denied my unemployment claim and cut off my health benifits.

Legal? Depends. In what state were you employed? Is your employer required to offer FMLA? If so, did you request it? Did you call out each day you missed?

If you a no longer an employee, you are no longer eligible for employer provided insurance.

Dr. Lorandos explains how to protect yourself by gathering data

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Morgan Keegan & Co. and three employees have sought an administration hearing on allegations that its brokerage firm cost investors, including retirees, more than $2 billion through fraudulent and reckless business practices.
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ICE Sights Set on Business

Jerry Erickson
Published: April 8, 2009

As has been widely reported, there are roughly 12 million illegal aliens in the U.S. The reality is that the U.S. government is cracking down on them. Particularly, the government is focusing in on two areas, illegal aliens participating in criminal activities and businesses illegally employing individuals not authorized to work in the U.S.  The U.S. Immigration and Customs Enforcement (ICE) has implemented Operation Predator to protect young people from child pornographers, alien smugglers, human traffickers and other predatory criminals. ICE also has similar initiatives that target gang violence, terrorism, human rights violations and intellectual property rights. What you may not know is that the government is also cracking down hard on the businesses that keep illegal aliens employed in the U.S. In case any of the business owners haven't heard, it's really important to make sure that your employees are authorized for employment before you allow them to start working. 

Several recent cases illustrate just how serious the issue of employing illegal aliens has become. Last year, an investigation by the ICE office led to the arrest and conviction of a restaurant owner in Kentucky. In January 2009, the owner was sentenced to eight months in prison for knowingly employing illegal aliens.

The former CEO and other company managers at a Postville, Iowa meat packing company were charged with conspiracy to harbor illegal aliens after a widely publicized ICE raid at the plant. In addition to criminal charges, the former CEO of the company is facing tens of millions of dollars in fines.

Closer to home, in March 2008, an ICE raid at a concrete company in Manassas resulted in the arrest of 34 illegal workers. The president of the concrete company pled guilty to a pattern or practice of illegal employment of aliens without lawful authority to work in the United States.  He was sentenced to one year of probation, and was ordered to pay $122,000 in forfeiture. 

In September 2008, a co-owner of El Pollo Rico restaurant in Wheaton, Maryland was sentenced to 15 months in prison, followed by three years of supervised release for money laundering and conspiracy to commit alien harboring in connection with the operation of the restaurant.  Along with his sister, he was ordered to forfeit $7.2 million derived from the illegal activities, in addition to numerous items of personal property.

These four cases present very good reasons why employers must be careful about who they hire and also diligent about having their new hires properly fill out the required paperwork. Federal law requires that an employer complete the Form I-9 when hiring a new employee. Part of completing the Form I-9 is that the employer must examine the documents offered by the employee to confirm that an employee is legally authorized to work in the U.S. 

In several states, employers must also submit the social security number for all new hires to a federal database (known as E-Verify) for confirmation that the employee is authorized to work. E-Verify is a free Internet-based system operated by the Department of Homeland Security, in partnership with the Social Security Administration (SSA), that allows participating employers to electronically verify the employment eligibility of their newly hired employees. Although E-Verify isn't mandatory in Virginia (as it is in some states), employers are eligible to voluntarily participate in the program. 

So what should an employer do to stay out of trouble? Simply put, do not hire individuals who are not authorized to work in the U.S. The government provides tools such as the Form I-9 and E-Verify to assist employers in hiring legal employees. Staying compliant is not difficult or time consuming, and it's well worth the effort to make sure that ICE doesn't come knocking on the door. The government is taking workplace enforcement seriously. The failure of a business to comply could mean fines or jail time. 

As the government continues to release compliance programs like E-Verify, the business community needs to be prepared to show it is doing what it can to only hire those persons authorized to work in the U.S. Two practical solutions are to volunteer to participate in E-Verify or to create and implement a system for tracking and maintaining I-9 forms. It's a given that lawful hiring practices must be embraced by the business community. Diligently making sure that the Form I-9 requirements are met is one of the best defenses against ICE paying an unexpected visit.

The above information is provided for informational purposes only.  The information should not be construed as legal advice and does not constitute an engagement of the Szabo, Zelnick & Erickson, P.C. law firm or establish an attorney-client relationship with any of its attorneys.  An attorney-client relationship with our firm is only created by signing a written agreement with our firm.

About the Author

Jerry Erickson is the managing partner of Szabo, Zelnick, & Erickson, P.C. www.szelaw.com and the senior attorney in the firm’s Business Immigration Section. He has practiced law for over twenty years and represents clients in numerous complex areas of immigration law. He can be reached at jerickson@szelaw.com.

Jerry has been a partner with the firm since 1989. Prior to joining the firm, Jerry was selected for a Judicial Clerkship in 1984 to work for the Judges of the Circuit Court of Prince William County.

The Prince William County Bar Association has previously elected Jerry to serve as one of its members on the Judicial Selection Committee. He has also been selected to lecture on behalf of the Virginia State Bar on issues related to ethics and professionalism.

Jerry received his Bachelor’s Degree from George Mason University in 1981 and his Juris Doctor from George Mason School of Law in 1984. He has been a member of the Virginia State Bar Association since 1984 and is a member of the American Immigration Lawyers Association, the International Business Committee and the Virginia State Bar International Practice Section. He is admitted to practice in the U. S. District Courts and the U.S. Court of Appeals for the Fourth Circuit as well as the U.S. Supreme Court.

Richard D. Felice Candidate for ISBA 3rd Vice President 2009

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Compensation Plan for Primary Care and Specialty Physicians

Introduction:

_____________________________________

Sixty-four percent of large medical groups are owned by physicians, of which physicians are employees or employee-owners. 62% of medical groups are for profit. In fully competitive market, firms want to survive by either making profit through capturing market share (market approach) or cost cutting (efficiency approach). Which ever may be the strategic posture, it should be implemented by managers, employees and labor force. Medical groups with unhealthy financial condition pose a great economic challenge in compensating physicians in a way that engages physicians in improving financial condition and as well as work environment.

A. Existing models of compensation and reimbursement for physicians:

____________________________________________________________________

1. Fee-For-Service (FFS):

______________________________

It is a payment system by which doctors, hospitals and other providers are paid a specific amount for each service (diagnosis and treatment). The private and public insurers pay providers charges or claims considering discounts, allowable and provider write off, co-payment, co-insurance and deductible outstanding etc. Payment is subject to passing following validity tests:

• Patient eligibility for payment,

• Provider credentials, and

• Medical necessity.

Types of FFS:

_____________________

• Billed Charges (traditional FFS):

Some variations on FFS have developed in an attempt to provide more cost-effective and efficient care. These are discussed below:

• Fixed fee schedule: Regardless of cost of service. At time patients pay rest.

• Discount from billed charges: discounted rate for providers in PPOs.

• Relative Value Scale or Resource Based Relative Value Scale (RBRVS), developed by (CMS), formerly HCFA.

• Mandatory Reduction in All Fees: For PCPs, if budget for health plan fails.

• Budgeted Fee-For-Service: For specialists, if budget for health plan fails.

• Sliding Scale Individual Fee Allowances: Not related to budget constraint, but to individual performance.

• Case Rate, Flat Rate, or Global Fee for Procedures: all institutional cost in single package, e.g., delivery.

• Bundled Case Rate or Package Pricing: all institutional and professional components in single package, e.g., bypass surgery.

2. Capitation: its development under criticism of FFS:

____________________________________________________

The objective of managed care is to provide necessary, quality healthcare in the most efficient and cost-effective manner. There always has been criticism against economic considerations in giving care under FFS. Physicians were criticized for excessive and unnecessary care, for example, ordering a whole battery of extra tests with unnecessary or of marginal value, to get extra fee for doing those tests. This practice increased the burden of risk of health plans. Therefore, to share this risk, with physicians by using scarce resources efficiently and cost effectively, a system of reimbursement was necessary. As a result, a new method of reimbursement, Capitation appeared that created incentives for physicians to provide quality care in the most efficient manner and possibly share in any savings.

Capitation is a dollar amount negotiated between MCOs and health care providers to cover the cost of ongoing health care delivered by a provider for a person during a specified length of time. This per capita flat or lump-sum rate of reimbursement is negotiated periodically. Under the contract, the provider is responsible for delivering or arranging the delivery of all health services required by the covered person regardless of cost.

Types of Capitation:

______________________

• Full Risk Capitation: PMPM payment on or regardless of sex and age (includes specialists’ charges), or payment may be percentage of the insurance premium,

• Global Capitation: Include institutional and specialists’ charges,

3. Other methods for employee physicians in group:

_____________________________________________________

Staff physicians in medical group have three kinds of duties: clinical, supervisory, and administrative. We may consider two major types of model for compensating Primary care physicians (PCPs):

• Straight Salary/Base Pay:

____________________________________

The physicians are employees of the health plan and receive a salary. This is typically the method of choice of staff model HMOs. Progression through salary range depends on:

o Departmental or institutional financial performance,

o Academic productivity,

o Quality, and

o Patient satisfaction.

• Incentives:

________________________________

Incentives are programs used in addition to the underlying method of provider reimbursement to provide additional inducement to the physician to practice in a particular manner. The health plan keeps the money allocated for these incentive arrangements in a separate account called a “pool”, so that the physician knows what money is available and how the health plan distributes it. It can also be distributed by provider network such as: merit pay. Incentives can modify Physician behavior to Increase productivity. Measures of individual incentive awards may include:

o Utilization management (maintaining fiscal viability and cost effectiveness of patient care).

o Productivity (individual and organization-wide).

o Work RVUs,

o Custom point systems,

o Gross revenue,

o Net collected charges, and

o Net operating income.

o Scope of practice.

o Utilization of resources.

o Quality of care provided.

o Patient satisfaction.

o Physician communications (internal with colleagues and external with patients).

o Academic performance (teaching, research), and

o Professional activities.

• Bonuses:

_______________________________

The physician receives a bonus at year-end for satisfying some specific utilization or medical expenses or benchmark.

4. Incentive-plus-draw:

_______________________________

• Withholds:

_______________

To make physician aware of expenses and to practice more cost effectively, a percentage of the physician’s income is withhold to cover any excess medical expenses. The physician receives any money leftover at year-end.

• Retainer:

____________

Same a withhold but applicable for specialists. The purpose is different: To make specialists available when required for the members.

5. New Methods of Reimbursement

_______________________________________________

As the healthcare industry has changed, many of the established managed care reimbursement methods have fallen out of favor or been disallowed by laws and regulations. The results are new and creative methods of compensating providers:

• Episode-Based Global Fees:

__________________________

Includes episodes of care as well as surgical procedures, such as: chronic condition of diabetes followed through the course of a year, self limiting condition of myocardial infarction involving six months of follow-up care, Or non-surgical coronary revascularization with one year of follow-up care.

• Contact Capitation:

______________________________

Specialist physician is paid a lump sum upon the physician’s first contact with a new patient for cost of care against a set ‘contact period’ (e.g., 6 or 12 months). PCP referral is still required for the initial visit - better suited for multi-specialty group.

• Market Share Capitation:

________________________________

It is better suited for single specialty group. The group gets a set percentage of capitation budgets of the health plan depending on the history of cost of care in that specialty category.

• Physician DRG:

____________________________

Physicians receive a set payment, adjusted for the severity of illness, for each Diagnosis Related Groups (DRG). If the physician provides care in a more efficient manner, the physician keeps the savings, in the same way that a hospital keeps the savings if it can reduce the length of stay in Hospital DRG.

• Direct contracting between employers and physicians with health plan in middle.

• Gain Sharing:

________________________

Best suited to situations where the physician reimbursement is by fee schedule and the hospitals receive payment on a DRG basis. It requires the physician to consider the entire healthcare delivery system. It provides incentives for quality and cost-effective care, but is prohibited under federal programs.

• Reimbursement for Internet Consultations:

_____________________________________________

A fixed dollar amount for keeping and updating records of chronic patients online

• Quality-Based Incentive Arrangements:

• Fee Incentive Methodology:

____________________________________

Some health plans are using a flat fee methodology to change physician behavior. This methodology does not affect the underlying physician reimbursement, but it induces the physician to work in a manner that fits with the needs of the patient and the health plan.

B. Choosing methodology for reimbursement for Internists in medical groups who serve minority population:

______________________________________________________________________

Factors and reality to consider before choosing a method:

__________________________________________________________________

• The role clarity and work environment in medical groups which is important motivator.

• Physical infrastructure like FMIS, date collection, interpretation, communication, culture of knowledge sharing that are necessary for scanning improvement zone and closing the gap.

• The demographic and technological influence on medical group market and their unhealthy financial condition creates compelling reasons to take efficiency approach for Hispanic patients. Efficiency approach demand more focus on variable pay or reward (pay for performance and non monitory reward like time-off-the job, contests and prizes, work flexibility etc) to ensure extra effort and greater productivity (performance motivation). But to make it work, employees must see clear connection between effort, performance (expectancy), reward (instrumentality) and satisfaction (valence). This is possible if medical groups set ‘participatory SMART goal’ that is aligned with fair Performance Appraisal.

• Again, medical groups have to focus on innovative and specialty services for solvent Asian patients who are minorities too. As in medical groups physicians are employees (internists) they have to retain talents from them by appealing salary band with long term bonus, profit and/or gain sharing etc. This kind of compensation creates sense of belongingness (Membership motivation).

• The size of revenue/grant from Medicare/Medicaid - Salary arrangements are less frequent where the price of physicians' patient care services is high and revenues from grants of Medicaid are low3.

• The local regulatory environment is also extremely important.

Objectives of reimbursement method:

________________________________________________

With multifaceted objectives of primary and specialty care - controlling cost and increasing profit, the best compensation plan would be that which:

• Is a market based approach to attract and retain highly qualified talent physician leaders. This retaining is necessary to compete effectively in today's labor market.

• Can engage physicians to improve financial performance of group practice.

• Is understandable, fair and provides utmost satisfaction

Outline of possible methods:

__________________________________________

• No compensation model can improve financial performance in sustainable manner. However, a production driven compensation system based on work RVUs may be effective in engaging physicians to improving financial performance 1, is understandable and may provide greater satisfaction and fairness.

• Medical groups and IPAs tend to blend elements of fee-for-service, salary, and sub-capitation for their physician members, as each payment method offers advantages in terms of motivating productivity, cooperation, and practice efficiency5.

C1. Recommended methodology for reimbursement of internists in medical groups.

_________________________________________________________________

For employee physicians/Internists:

___________________________________________________

• A guaranteed base salary with cash incentives based on productivity approach (Quality-Based Incentive) could help8 with an emphasis on HEDIS measures to measure quality of care and patients’ satisfaction. This is particularly important for both Hispanic (needy) and Asian patients (educated, web-savvy, have bargaining power and insist on informed choice) who need preventive and quality care respectively. Bonus payments could be awarded on the basis of evidence in following areas7:

o Preventive care measures, such as immunizations, mammograms, etc.

o Appointment access, number of patient complaints, turnover rates,

o Clinical measures: Use of practice guidelines,

o Health Plan Employer Data Information Set (HEDIS) measures,

o Patient experience: member satisfaction surveys (satisfaction, reduction in litigation, medical costs, and timely, sustained return to work),

• In addition, non-doctors can not increase the patients and physicians base effectively. For this reason, we have to develop and nurture transactional and transformational leadership among physicians to make business success. Therefore, we have to recognize and reward talent physician leaders or go for job shadowing for prospective leaders. To encourage strong leadership skills in managerial work following rewards could be offered4:

o Stipend for managerial work above and beyond their clinical practice,

o Variable stipend--perhaps 5 to 7 percent of net income--as an incentive to grow the practice,

o Make sure that in a productivity-based system, managers are given equal credit for clinical and managerial days.

o Offer short term cash bonuses tied to meeting specific goals like quality care,

o Offer non-monetary rewards, such as: additional vacation time or relief from on-call duty, extra time off and funding for the leader to attend business conferences and seminars to learn practice-management skills. Not everybody in a firm does want direct monitory benefits/reward. Employees don’t see these benefits in terms of money. Rather, they see these as good relation and cooperation between managers that tremendously motivates them to improve productivity.

For, or office and independent PCPs:

_____________________________________________

• We can blend reimbursement methods to fit the situations at hand. As for example, capitation basis for acute conditions and Quality-Based Incentive (bonus of FFS basis) arrangements for procedures and visits like preventive services (mammograms and vaccinations).

• Fee incentive methodology will also work. The following are some examples:

o A flat fee for each referral to a disease management program.

o A physician a higher fee schedule to increase preventive care, if the physician has high performance-based HEDIS scores.

o A flat fee for appropriate documentation of the steps taken prior to referral and/or for tracking a patient, once referral takes place.

o A flat fee for timely reporting of encounters to health plans with a small fee per record reported.

Risk adjustment:

__________________________________

This will be done through continuous process and procedural improvement that tracts data and records of outcome and invigorating a culture of sharing knowledge (both bilateral and within groups). Sharing information will find the improvement zone and quickly improve the quality of care. In this situation, internists should not be penalized for receiving sick patients by withholds. Otherwise, they may refuse sick patients or refer them to other docs that may end up in loosing health plans and market share.

C2. Methodology for reimbursement for specialists in medical groups:

____________________________________________________________

a. Market Share Capitation (sub capitation):

____________________________________________________

If a specialty group sees 20% of the patients who require that type of specialist in a year, that specialty group will receive 20% of the monthly capitation budget for that specialty. This method is only appropriate for single specialty groups. Individual doctors in multi-specialty groups do not have enough share of the market for the method to work. This method relies on historical referral patterns on which to base payments. New physician groups that do not have this history usually receive fee-for-service payments until they establish a referral history. Market share capitation is less difficult to administer than contact capitation because there are fewer items to track.

b. Contact capitation:

__________________________

Capitation in its true form does not work well with specialty physicians, because low dollars are associated with capitation contracts for specialists. Consequently, reimbursement for most specialists is on a discounted FFS basis. Contact capitation modifies traditional capitation to better suit the circumstances of specialty physicians. To ensure fair compensation for variations in severity of illness, risk is adjusted in following ways:

? Certain diagnoses or procedures may carry higher contact weights.

? Selected subspecialties and/or procedures may be covered separately.

? Separate capitation rates may be developed for different age segments.

? The sickest patients or patients with particularly difficult diagnoses may be carved out and paid on a fee-for-service basis.

Contact capitation fits with the objectives of managed care, because it creates incentives for physicians to manage patient care as efficiently and effectively as possible. Keeping patients healthy by disease management and patient treatment compliance reduces the need for additional visits that may not result in additional revenue.

D. Future reimbursement methods in medical groups:

____________________________________________________

Global capitation:

___________________________

Medical groups have both hospital in-patient and out-patient care. On the background of more stricture by HMOs, if these groups integrates vertically11 and form alliance with physicians and if legislation permits, a global capitation (covers both institutional and specialty cost) may help.

Global Fees or Case Rates:

__________________________________

Medical groups may integrate horizontally to provide on-stop service (focus factories12) on a particular disease to indicate value for money as because:

• Hispanic population is increasing, is more prone to chronic conditions including cancers and

• Employers are carefully observing situation in health care market and is inclined to opt for defined contribution.

These focused factories can provide all the care necessary for a particular disease (such as breast cancer); therefore, case rates, or episode-based global fees, would seem to be the ideal way to reimburse the providers in these situations.

E. Success of the models:

___________________________________________________

To succeed, Medical groups may receive capitation from their contracting health plans and then sub-capitate their physicians and hospitals9, 10. But capitation doesn’t always bring about success. In addition to a better payment structure, these groups should have to develop core competence. They should follow the following steps to succeed:

• First, collect data on practice patterns, outcomes, quality of care, and other performance measures. Share this information with physicians. This would promote positive change. The more information on outcome brought to the negotiating table, the better able medical groups will be to negotiate fair contracts. Therefore, these groups should invest in the information system: both management and financial. This involves a large initial investment, but it is imperative to an organization’s success.

• Second, provide financial incentives to the physicians in the group by sub-capitation or emphasize on the importance of a fair and equitable compensation system that provides the correct types of incentives. To succeed, it is imperative to have financial incentives that induce behavior consistent with the goals of the group (i.e., quality care with little waste).

• Third, use standard care guidelines or pathways. These guidelines allow the group to provide improved quality of care at reduced cost because the “fat”, or unnecessary steps, is removed from the process.

• Fourth, build close relationships with key players in the market. This includes health plans, insurance companies, and PCPs. Oncologists rely on PCPs for referrals, so good relationships are vital.

• Fifth, develop and retain transactional and transformational leadership within physicians who enjoy taking managerial responsibility in addition to their own practice.

• Sixth, risk and responsibility must be balanced between the health plan and the provider. The physician should only take on risk for that over which, he has control. The secret to success is to accept only as much risk as can be handled by the group and to make sure they have the right people advising them on how to handle the risk.

• Finally, medical groups should develop a clear vision and mission to support good and quality work with fair and equitable incentive and would not support bad outcome and environment.

Conclusion:

_____________________________

The success or failure of a particular reimbursement method doesn’t only depend on the method we use; but also depend on how strong financially the medical groups are and how organized they are in terms of human and structural asset and supportive working environment.

Article Source: http://www.articlesbasecamp.com

1. Physician Compensation Models in Large Medical Groups:Nov. - Dec. 2001, By Jennifer Nelson, Carleton T. Rider, John E. Biermann, and Shawn D. Schwartz www.nejmjobs.org/rpt/physician-compensation.aspx. 2. Arch Intern Med. 2006;166:623-628. Available pre-embargo to the media at www.jamamedia.org 3. links.jstor.org/sici?sici=0361-915X%28198121%2912%3A1%3C155%3ACABHAP%3E2.0.CO%3B2-8&size=SMALL

About the Author

Dr. Munir, MBA is a strategic and visionary leader who can create future of business start-up and multinational operations. This transformational leader serves as catalyst to adopt accelerating change. Dr. Munir can be a developing partner in drawing strategic initiative that that adapt uncertain business dynamics and align organization to stay in business.

SAVING HOMES IN SAN DIEGO

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Ethics of Legal Profession

Synopsis:

Ethics of Legal Profession

Introduction

The profession of law is honourable, and its members are expected to act in an honest and upright manner, and any deviation from these elementary principles is liable to e dealt with severely.

An advocate practising law is under a triple obligation­­­­­­:

An obligation to his clients to be faithful to them till the last, an obligation to the profession not to besmirch its name by anything done by him, and an obligation to the court to be and to remain a dependable part of the machinery through which justice is administered. It is beyond the scope of treatise on legal ethics to describe the aims and uses of examinations of witnesses or to state the rules as to how evidence shall be recorded. In examining witnesses the advocate should not forget that he is not merely the counsel of client but also an officer of the Court to further the ends of justice. Similarly, the advocate should maintain towards his opponent utmost cordiality. Clients and not counsels are litigants. The ill-feelings between clients should not be allowed to influence the conduct of their counsel. Says Daniel Webster: “lawyers on opposite sides of a case are like the two parts of shears, they cut what comes between them, but not each other”

In the same way, Law being a fraternity, the profession is entitled to loyal support of its members in the maintenance of this tradition. There are certain duties of advocates towards his profession also; like, professional courtesy, co-operation, equal consideration to all members of the profession, encourage junior brethren, should stand up for its dignity and privileges whenever there is occasion for it, he should expose corrupt or dishonest conduct in the profession. Similarly advocates should also owe certain duties towards his colleagues which is analysed in subsequent pages.

In the words of Chief Justice Marshall has observed;

“the fundamental aim of Legal Ethics is to maintain the honour and dignity of the Law Profession, to secure a spirit of friendly co-operation between the Bench and the Bar in the promotion of highest standards of justice, to establish honourable and fair dealings of the counsel with his client opponent and witnesses ; to establish a spirit of brotherhood in the Bar itself ; and to secure that lawyers discharge their responsibilities to the community generally.”

Legal profession is not a business but a profession. It has been created by the state for the public good. Consequently, the essence of the profession lies in the three things-

1. Organisation of its members for the performance of their function ;
2. Maintenance of certain standards, intellectual and ethical for the dignity of the profession;
3. Subordination of pecuniary gains to efficient services.

The codification of the canons of the professional ethics may give impression that the code is exhaustive while in reality it cannot be exhaustive. It has been rightly stated by P.Ramanatha Aiyer and N.S. Ranganatha Aiyer that it is not possible to formulate a code of legal ethics which will provide the lawyer with a specific rule to be followed in all the varied relations of his professional life.

Therefore, my project extensively deal with certain accepted canons of legal ethics which should be followed by lawyers in their ordinary discourse.

Meaning , nature  and  need  of  Professional  Ethics:

Professional ethics may be defined as a code of conduct written or unwritten for regulating the behaviour of a practising lawyer towards himself, his client, his adversary in law and towards the court. Thus, ethics of legal profession means the body of rules and practise which determine the professional conduct of the members of a bar. When a person becomes an advocate his relation with men in general is governed by the general rules of law but his conduct as advocate is governed by the special rules of professional ethics of the Bar. The main object of the ethics of the legal profession is to maintain the dignity of the legal profession and the friendly relation between the Bench and the Bar.

The American Bar Association Committee has well explained the need of the code of legal ethics. It is observed that the legal profession is necessarily the keystone of the arch of Government. If it is weakened by allowing it to be increasing for subject to the corroding and demoralising influence of those who are controlled by craft, greed or gain or other unworthy motive, sooner or later the arch must fall. The future of the country, thus, depends upon the maintenance of the shrine of the justice pure and unrolled by the advocates and it cannot be so maintained, unless the conduct and motives of the members of the legal profession are what they object to be. It, therefore, becomes the plain and simple duty of the lawyers to use their influence in every legitimate way to help and make the Bar what is ought to be. A code of ethics is one method of furtherance of this end. The committee has further observed that members of Bar, like Judges, are officers of the court and like judges they should hold office only during good behaviour and it should be defined and measured by such ethical standards, however high, as necessary to keep the administration of justice, pure and unsullied. Such standard may be crystallized into a written code of professional ethics and lawyer failing to conform thereto, should not be permitted to practise or retaining membership in particular organisation.

Stating the need for the code of conduct of lawyers Justice Sundaram Aiyer has said:-

Rules are necessary even for the best self interest is a misleading factor when you have to decide on the spur of the moment what is to be done in the circumstances. The fact that these are definite rules and that much discretion is given to the individual would itself be an additional source of temptation. Never adopt the standard of business profession. But after all whatever light we may seek to get from rules of conduct which has been prescribed in England or other countries, a great deal will have to be left to individual conscience. Nothing but a determination to err always on the safe side in cases of doubts will enable you to do your duty consciously. In this country it must be confessed that very often petitioners are guilty of questionable conduct owing to ignorance. They do not really know what is proper to be done in any particular case and as there are no rules to guide there, no settled tradition to serve as an aspiration, each one is a law unto himself. He has further observed that it is not desirable that the lawyer guidance should be altogether under the judicial control. It would be impossible for judges to control the bar satisfactorily. To strict a discipline on the part of courts is likely to unfair the independence and self-reliance on the members of the Bar. It is all the more necessary, therefore, that there should be disciplinary bodies and that the profession should itself try and frame rules for its guidance.

Sir Sivaswamy has rightly observed that it is of course true that men are not necessarily made moral by courses of lectures on ethics but it must be remembered that lapses from the traditional standard are often due to ignorance and that the diffusion of knowledge of rules applicable to the professions must contribute to the maintenance of a high standard of integrity. The observation of the canons of legal profession will, no doubt, raise the profession in the publication estimation.

Even prior to the Advocates Act of 1961, the provision for punishment for misconduct is found. Section 10 of the Indian Bar Councils Act, 1926 contained provision for the punishment of misconduct. Besides this, Legal Practitioners Act, 1879also contained provisions for punishment of advocates for misconduct. Like section 13, which says:

“Suspension and dismissal of pleaders and mukhtars guilty of unprofessional conduct”

Section 14 . “Procedure when charge of unprofessional conduct is brought in subordinate court or revenue office”

Section 15.  “Power to call for record in case of acquittal under section 14”

Professional Ethics

Section 49(1)(c) of The Advocates Act of 1961,empowers the Bar council of India to make rules so as to prescribe the standards of professional conduct and etiquette to be observed by the advocates. It has been made clear that such rules shall have effect only when they are approved by the Chief Justice of India. It has also been made clear that any rules made in relation to the standard of professional conduct and etiquette to be observed by the advocates and in force before the commencement of the Advocates (Amendment) Act, 1973, shall continue in force, until altered or repealed or amended in accordance with the provision of the Act.[1]

Rules of conduct

The Bar Council of India has framed standard of conduct and etiquette of the Bar. They are called rules, and have been made is exercise of its rule making power under secs. 49(1)(c) of 1961. These are statutory rules, binding and enforceable. These rules have been printed in full in the Appendix 2 and may be seen, and read there.

The following rules, however, sum up the standard of conduct of the Bar and  are in no way inconsistent with the Rules of conduct referred to above. In so far as they are covered by the Rules of the Bar Council, they are statutory; the rest are traditional, and have their sanction is hoary past.

1. In no circumstances may a lawyer be a party to a breach of the law.
2. A lawyer may advise a client how to avoid a legal burden or restriction but is not bound to lend his services to an attempt to evade the policy of the law.
3. No lawyer owes a duty to the court to assist it in the administration of justice, and with respect to certain matters this duty overrides his duty to his clients. Accordingly---

• He must not be a party to the fabrication of false evidence. If he knows that his client has given false oral evidence, he should withdraw from the case if the client refuses to correct it. If the client insists on a false affidavits being filed, he should refuse to continue to act for him.
• He should take care not to say anything to a client of whose honesty he is not sure, that may show the client how to improve his case by false evidence.
• He must not present to the court on behalf of his client a dishonest claim or defence; but a defence that does not more than put the plaintiff to proof is proper.
• Where the laws lays on a litigant a duty to disclose facts, it is the duty of the legal advisor to see that true disclosure is made, and if the client refuses to retire from the case.
• He must not abuse the process of the court in order to injure the opponent or to benefit himself.
• When appearing as an advocate, he must disclose to the court any relevant legislation or cases of which he is aware.

4. A solicitor must deal honestly and carefully, and in accordance with instructions, with money or other property held on behalf of his client. He must keep proper books and a separate account for the moneys of his client.

5.  A solicitor must not allow his business to be conducted by unqualified persons.

6. An Advocate is bound, except in special cases, to accept any bribe offered to him, provided it is to appear in court in which he profess to practise and a suitable fee is offered.

7. When the client can pay, a lawyer should not charge less than the fees allowable on taxation. But where the client is poor, there is no objection of charging a low fee or no fee at all.

8. A lawyer must not vary his fees according to the success or failure of the cause. However, in a case of poor client with a bonafide case, a solicitor may proceed on the basis that his costs will be met in the event of success, out of what is recovered. In the case of barristers this relaxation of the rule is not recognised.

9. A lawyer must not solicit business, (except to a strictly limited extent in the case of solicitors) advertise himself either directly or indirectly.

10. A lawyer must devote himself entirely to his client’s interest. He must disclose any personal interest inconsistent with the client’s interest, and he cannot represent two or more clients whose interest conflict.

11. A lawyer must not, except with the clients consent, at any time disclose confidential information or use it otherwise than on behalf of the client.

12. A lawyer must make every legitimate effort to win his client’s case, and must not exercise a private judgment as to the soundness of any reasonable arguments or the propriety of any client or defence allowed by the law.

13. A lawyer should not allow a client to entertain false hopes of success in litigation, and where success is doubtful, should make the position clear to him.

14. In the conduct of a case it is lawyer’s duty to do for his client all that the client may legitimately do for himself. More, particularly, in criminal cases, he may defend a prisoner whom he knows to be guilty provided he does not make a false case or attempt to place the guilt on another person.

15. A lawyer must not express to the Tribunal his personal opinion in the matter arising in the case.

16. A lawyer owes a duty to the opponent not to use unfair methods against him. More especially, he must not deliberately convey to the jury information not admissible in evidence, nor makes needless attacks on the reputation of the opponent or his witnesses, or otherwise harass them unduly.

17. A lawyer may make concessions to the convenience of the opponent and his legal advisors, and he is not bound to take advantage of errors that can be cured, where the only ultimate result is delay or increased costs to the opponent. But he may not overlook, without the clients consent, an error that is fatal to the opponent or even one that will assist his own client’s case.

18. In contentious business a barrister may not accept instructions from any person but a solicitor.

19. As a general rule, witness should not be interviewed in one another’s presence.

20. A barrister fees should be marked on the brief, either by the solicitor or by himself before the commencement of the hearing. It is improper to alter the fees marked on the brief after the case is finished.

21. A solicitor is bound to pay a barrister’s fees whether or not he has received his money from the client.

22. An advocate should not agree to refund part of his fees in case they are not allowed on full on taxation, nor should he give a receipt for fees not actually paid nor accept a post dates cheque.[2]

Advocate and Court: Duty towards Court

1. Advocate is an officer of justice and friend of the Court:

The cardinal principle which determines the privileges and responsibilities of advocate in relation to the court is that he is an officer to justice and friend of the court. This is the primary position. A conduct therefore which is unworthy of him as an officer of justice cannot be justified by stating that he did it as the agent of his client. His status as an officer of justice does not mean he is subordinate to the judge. It only means that he is an integral part of the machinery for the administration of justice.[3]

It is difficult to lay down any hard and fast rule as to what expressions a lawyer can use, with impunity, while addressing a court and what should ordinarily be tolerated by the court. Where an advocate receive an application or petition for correction or for removing objections, it is the duty of the advocate to return it and he has no authority to retain it. It is misconduct on his part if he retains it as held in;

Punjab National Bank v. FM Gold Head Ltd.  AIR 1993 HP 79

It is true that lawyer should always conduct himself properly in court of law, and exert his best at all times to maintain dignity of the court, but court has also a reciprocal duty to perform and should not only be discourteous to the lawyer but should also try to maintain his respect in the eyes of his clients and the general public with whom he has to deal in professional capacity.[4]

By accepting the brief of his client, the advocate does not cease to be an officer of justice. If that were so, the high and honourable office of counsel would be degraded to that of mercenary. It is the function of advocate not merely to speak for the client, whom he represents but also to act officer of justice and friend of the court. As friend or amicus curiae he has a privilege to offer suggestion to the court, with its consent, as aids to justice in a controversy that he does not appear for either side.

A famous case on the point is the trial of Algernon Sidney, for high treason in 1683. By the law of England, as it then stood, a man accused of high Treason could not have the aid of counsel. There was a technical defect in the indictment. A barrister rose, as an amicus curiae, and brought it to the attention of the court. Chief Justice Jeffreys remarked at this, “We thank you for your friendship”. The Court itself sometime appoints an advocate as amicus curiae if there is a question of law to be considered and his court thinks it advisable that someone should help it in arriving at a just decision.

2.  Co-operation between the bench and the Bar is a necessity:

The first duty which advocates and judges owe to each other is of co-operation. Co-operation between the bench and the Bar is not a mere conventional statement. It is a fundamental necessity. Without it, there can be no orderly administration of justice. Says Sir Cecil Walsh in his book called

The Advocate:

“Nothing is more calculated to promote the smooth and satisfactorily administration of justice than complete confidence and sympathy between Bench and the Bar”.[5]

An intelligent knowledge of their respective positions should make both advocates and judges realise that though their functions may be different, their aims are identical. Both are equipments of the same machinery designs for administration of justice. Both are equally necessary in a free country.

3. What the counsel owes to the court:

i. The first duty which the counsel owes to the court is to maintain its honour and dignity—this is the cardinal principle determining the advocate relation in court. One of Hoffman’s Resolutions for Guidance of lawyers was this :

“To all judges when in court I will ever be respectful; they are the Law’s Vicegerents, and whatever may be their character and department, the individual should be lost in the majesty of the office”.

“Should judges, while on the Bench, forget that as an officer of this Court, I have rights and treat me even with disrespect, I shall value myself too highly to deal with them in like manner. A firm and temperate remonstrate is all that I will ever allow myself”.

“To the various officers of the court, I will studiously respectful, and specially regardful of their rights and privileges.”

The advocate owes courtesy and respect to the court for the following reasons:

a)     Because he is the like judge himself, an officer of the court and an integral part of the judicial machine. The legal position consists of the Bar as well as Bench, and both have common aims and ideals.

b)    In theory, it is the King or Sovereign who presides in the court of justice, and judge is merely the mouthpiece and representative of the Sovereign. Respect shown to the court is, therefore, respect shown to the sovereign whose representative the judge is.

c)     Because not only litigants and witnesses but the general public will get their inspiration in this respect from the examples of advocates. It is necessary for the administration of justice that judges should have esteem of the people.

d)    Because it is good manners, and advocates before anything else are “gentleman of the Bar.”

e)     Even from the purely practical standpoint, there is nothing to be gained but there is much too loose by antagonising the Court. Conflict with the judge renders the trial disagreeable to all and generally an injurious effect on the interests of clients.

f)      Because the usual practise in modern times is to appoint judges from among the members of the Bars, and even where this rule is not strictly observed the bench is fairly representative of the Bar.

g)     Because it is necessary for dignified and honourable administration of justice that the court should be regarded with respect by the suitors and people.

(I) The advocate should not display temper in court. He will not indulge in any kind of insinuation in the court against the judge. He should convince the judge by argument and reason and not by appeal to his sentiments. While the case is going on, the advocate cannot leave the court without the court’s permission, and without putting another man in charge. While in court any expression of approbation and disapprobation of an order of the judge, e.g., that it is unjust or that it should be accepted with gratitude is against the etiquette of the profession. An advocate may, for the personal reasons, refuse to practise in a particular court or before any particular judge but if he joins the movement of boycott of courts it is disrespect to the courts. Such a conduct on the part of officer of court is reprehensible.[6] It is his duty to co-operate with the court in the administration of justice. The advocate should not criticize judicial conduct while the case is pending. After, however, the case is decided, a fair comment will be justified. The Advocate should submit to the ruling of the judge whether he considers it right or wrong. He must not lose temper at an unfavourable ruling. In the words of Lord Bacon:

“Into the handling of the cause anew after a judge has declared his sentence.”

It is disrespectful to read newspaper in court, or to engage in private conversation in court, or not to wear proper dress, or to laugh at the argument of the opposite party.

Respect for dignity of the court has behind it not merely moral support but also the sanction of law. The court is empowered to punish conduct which undermines its authority or impairs its dignity. Such conduct amounts to “contempt of Court”.

(ii) The advocate must not do anything which lowers public confidence in the administration of justice:

For instance, he must not make unfounded allegations of corruption and partially against the judicial officers. He must not allege in a transfer application scandalous charges against the judge which cannot be proved. Lord Heward L.C.J. said:

“It is important that justice should be done, it is hardly less important that it should manifestly appear to be done.”

(iii) It is the duty of the bar to support judges in their independence because in the integrity of judges lies the greatest safeguard of a nation’s law and liberties. Judicial independence is the only protection against tyranny and whims of the executive.

(iv) The advocate must not do anything which is calculated to obstruct, divert or corrupt the stream of justice, for instance, he must not advise disobedience to the courts order and decrees.

(v).  Another duty which the advocate owes to the court is that of fidelity, he must be honest in his representation of the case. He must not deceive the court. Sir John E. Singleton says;

“The whole foundation and structure of the administration of justice in this country depends on the confidence of the bench and the bar...it is the duty of the counsel to draw the attention of the court to any case which is contrary to his contention if he knows of that case. And it is scarcely necessary to point out that the duty of the counsel in this regard is in complete accord in the interest of his client and with his own interest.”

(vi). The counsel is under an obligation to present everything to the judge openly and in the court, and nothing privately. He must not attempt to influence private influence upon the judge: seek opportunities for the purpose; or take opportunities of social gatherings to make ex parte statements or to endeavour to impress his views upon him.

(vii). The advocate must not place himself in a position which he cannot effectively discharge his obligations to the Court as minister of justice. He should not have any personal interest in the litigation he is conducting. It will be misconduct on his part to stipulate with his client to share in the results of litigation.

In, Manjeri S.K. Ayyar V. Secy. Urban Bank Ltd, Calicut; 56 mad 1970:AIR 1933 Mad 682

Merely because a legal practitioner is a member of a corporate society is not sufficient to prevent him from accepting instructions from the society of which he is a member. But it is improper for a legal practitioner who is a director to appear for remuneration for the society in its legal business.

(viii) Relations of advocates and judges outside the court:

Advocates and judges are members of same fraternity. They are both officers of state engaged and united in the common ideal of promoting legal justice. Judges are generally selected from lawyer’s rank and, have therefore the same lineage.

(ix) Lawyers are not subordinate officers of the Court:

In, Mahant Hakumat Rai V. Emperor; AIR 1943 lah 14: ILR 1943 Lah 791

To call such a responsible person a subordinate officer of the Court and thus degrade him to the level of the other ministerial officers working in the court is an entirely erroneous conception of the position he acquires.

(x). Advocate’s Duties toward court:

It is difficult to lay down any hard and fast rule as to what expression a lawyer can use with impunity while addressing the court and what should ordinarily be tolerated by it. As remarked in Oswald on Contempt Of Court, Ed. 3 at page 54:

“An over subservient Bar would be one of the greatest misfortunes that could happen to the administration of justice”.

(xi). General Duties of Advocates: Absence of appearance in murder cases

In the matter of F.K. Byrne, Bar at Law, Lahore. AIR 1928 Lah 448

It has been authoritatively laid that where a counsel at having received his fees from his client for arguing a murder appeal, hands over the case to another counsel at the eleventh hour giving only the small portion of his fees, on the ground that he was engaged elsewhere, is guilty of grave impropriety in the discharge of his duties.

Adjournments:

A pleader who asks for adjournments on different occasions to move the High Court for the transfer of a case and takes no steps at all, on these occasions in either himself or by means of his clients to move the High Court and it appears that the adjournments were asked for merely to delay the course of justice with deliberate intention renders himself liable to be punished for grossly improper conduct in the discharge of his professional duty.

Advice from Court:

It is not proper on the part of the counsel to take advice from the court as to the kind or amount of evidence which is required to be adduced in support of his client’s case.[7]

Drunkenness:

It is highly objectionable on the part of advocate to attend the court in such a drunken state as to enable to conduct the case properly and keep the decorum of the court.[8] In the above cited case a pleader for an accused appear in the court of a magistrate in a drunken state and was unable to conduct the case of his client, as he ought to have done.

Attempt to influence judge:

Where a pleader tried to influence judge before whom he was arguing the case, through a relation of the latter, it was held that the pleaders act was highly reprehensible and it was in the interest of the legal profession that serious notice should be taken of such an act.[9]

Conduct in bail matters:

A legal practitioner standing surety to a man arrested under section 420 of the IPC, and convicted under that section and keeping in possession on behalf of the accused properties held later on to have been involved in the offence is not guilty of professional misconduct.[10] But advocate who receives money in furtherance of a contract of indemnity of bail is guilty of grave misconduct and only suitable punishment for retention by him of the money on pretence that it was his fees is the removal of his name from the roll as held in;

Lambaji Motiji V. Kewal Gopaldas, 3 IC 897: 19 CrLJ 412

Bribery:

Corruption cannot be eradicated unless the public refuse to pay bribe. Of all the public, lawyer is a privileged position and he should be the first to oppose payment of bribe. Instead of that if a lawyer collects money from his clients for the purpose of having to pay them as a bribe to get his client’s work done, it is highly unprofessional.[11]

Apart from these some other ethical conduct requires on the part of advocates are:

• He should not disobey the order requiring payment to the client.
• It is the duty of legal practitioner to assist the court. If he appears in the court and makes the demonstration which has the effect of interfering with the work of the court and the administration of justice, then it amounts to misconduct.
• It is the duty of the pleader to bring to court’s notice death of any party.
• An attorney is bound to honour his undertaking in his capacity as a solicitor.
• Lastly, it is the counsel’s right to insist on gettig what is truth in the matter.
• Advocate and his clients: Duty towards clients

1. Sources of relations between counsel and client:

In India, the counsel’s relations with his client are primarily a matter of contract. The relation is in the nature of agent and principal. The agreement determines to what extent the counsel can bind his clients by his acts and statements; what shall be its remuneration, whether he will have a lien on his client’s property, etc. It is evident, however, that as counsel is also conform to the ethical code prescribed for him by law and usage, he cannot be a mere agent or mouthpiece of his clients to carry out his biddings.

(i). The relationship is personal and fiduciary:

It is a relation of trust and confidence. It is confidential requiring a high degree of fidelity and good faith. In V.C. Rangadurai V. D. Gopalan, AIR 1979 SC 281;

Justice Sen has observed that the relation between the advocate and his client is purely personal involving a highest personal trust and confidence.[12]

a)     It is a relationship of trust and confidence. All transactions between the advocate and his client will be watched by the Court with jealousy and suspicion. Even though the transaction is not illegal, the court will scrutinize it most closely and requires strict proof that no undue advantage has taken by the counsel of the confidence reposed in him by the client. He should avoid business with his client not only in regard to Matters in suit but also in relation to other matters. He should, for instance, neither lend nor borrow.

b)    The advocate must keep clear and accurate account of all moneys received from and on behalf of his clients. Money collected by the counsel on behalf of the client should be promptly paid over to him. it was held in G. Naranswamy V. Challapalli, 4 IC 398: advocates has no lien on clients money.

c)     The counsel should return papers and documents to the client the moment the case has terminated. No paper should be retained without the client’s consent. But it was held in Raja Muthukishna V. Nurse, 44 M 978; the counsel has no doubt a lien on the papers for money due to him. For an advocate to retain the judgment of the Trial Court with the intention of getting himself engage in appeal amounts to professional misconduct.

d)    Counsel also cannot delegate his duties without the client’s consent. The following rules in this connection occurs in the canons of The American Bar Association:

“it is not permissible or in accordance with professional etiquette for a counsel to hand over his brief to another counsel to represent him in court and conduct the cases as if the latter counsel has himself been briefed, unless the client consent to this course being taken.”

e)  The counsel while accepting the retainer should disclose to his client    any matter which might affect the relation or the client’s direction in choosing him as his counsel. He should inform him of any interest in which he may have in a matter concerning which he is employed; any adverse retainer; or anything which may, in any degree interfere with his exclusive devotion to the cause confided to him.

f) After engagement the counsel must not revise agreement regarding his remuneration, or, while the business in which he had been employed is unfinished, except present and gifts from the clients.

g) It is the duty of the advocate not to use information which has been confided to him as advocate to the detriment of the client, and this duty continues even after the relation of advocate and client has ceased.

h) It is the duty of advocate not to appear for two clients whose interest are in conflict.

i) It is the right of the client to discharge any time his advocate whom he no longer trusts or on whose skill and ability he no longer relies.

J) The advocate must not divulge his client’s secrets or confidences as these communications are privileged and protected under section 126 of the Indian Evidence Act.

2.  Advocate’s duty  to his clients:

A special responsibility rests on the members of the Bar to see that the parties do not misled the courts by false and reckless statements on material matters. As was observed in[13]that an advocate stands as a loco parentis towards litigants. A member of a Bar undoubtedly owes a duty to his clients and must place before a court all that can be fairly and reasonably be submitted on behalf of his clients. Advocate is not a mere a mouthpiece of client but he is an officer of the court[14]. It is the duty of the court to help bringing down arrears and to prevent the abuse of the process of the abuse of the court. Their duty to client should persuade them to advise their clients not to go in futile litigation.[15]

It is expected that an advocate for a party would conduct a case with all its sense of responsibility which he is expected to have in discharge of his duty to his client. It is the duty of every advocate who accepts the brief in a criminal case to attend the trial from day to day. He would be committing the breach of his professional duty if he fails to attend.[16]

A client is entitled to be protected from an advocate who is likely to betray them; the profession cannot afford to have a member who fails in keeping to the required standard of conduct. It is the duty of an advocate who has accepted the vakalatnama and filed it in the court to go to court on the day fixed for the hearing of the case even if he has not received his fees unless the client terminates the contract. Moreover, the payment of commission to procure client is unprofessional.

3. What the counsel owes to his client:

(a) The first obligation which the advocate owes to his client is to prepare his brief with care, skill and thoroughness:

In India, not only presents his client’s case in court, but also prepares it. For this purpose he should make a thorough grasp of facts of the case. In order to get acquaintance with facts, he should thoroughly listen to the client’s story. It is the duty of advocate to examine him to get all relevant and material facts. A thorough cross examination of witnesses is necessary, to enable the counsel to get at all real facts and to chalk out his line of defence. If after investigation, the counsel thinks that his client’s case is weak and untenable, he should tell him so. One of the special dangers which threaten the professional ideals in the present life is the tendency to assimilate the practise of law to the conduct of business and commercial standards. Once the advocate has accepted the brief, the etiquette requires that he should be grudge no time or toil, however great, needful to the thorough mystery of his case in its facts and legal rules irrespective of the amount of fees paid to him.

It has been held by the High Courts of India that a pleader is guilty of misconduct if after receipt of full fees he neglects to appear and conduct the case.[17]

(b) Secondly, in giving advice to his client for or against litigation, he should give his candid opinion. On this point Sharswood says in his Legal Ethics:

“It is nothing but selfishness that can operate upon a lawyer when consulted, to conceal from the party his candid opinion of the merits, and the probable results. It is fair that he should know it; for he may not choose to employ a man whose views may operate to check his resorting to all lawful means to effect success. Besides, most men when they consult attorney, wish a candid opinion; it is what they ask and pay for.”[18]

Counsel also owes duty of continuous service to his clients. When the counsel after he has begun the case leaves the court to attend another case, it amounts to professional misconduct.[19]

Advocate’s fee- fixation of fees

In an ancient book called Mirror des justices, written by Andrew Horne, laid down that a lawyer in fixing his fees should take four things into consideration:

a)     The value of the cause

b)    The pains of the serjeant

c)     The worth of pleader on point of skill

d)    The usage of the court.

By the present day usages of the Bar, the following elements usually enter into consideration in fixing the amount of fee:

a)     The qualifications and standing of advocates who is asked to render professional service. It is evident that service rendered by the person of superior education and rich experience is likely to be more valuable and of better quality than the advice given by a person who is less qualified.

b)    The difficulty in the problem involve in the case. The more intricate the case the greater will be the degree of skill and amount of labour required.

c)     The amount of time required to render professional service.

d)    The amount involved in the suit.

e)     The result expected to be accomplished as a consequence of the lawyer’s exertion.

f)      The customary charges of the Bar for such services.

Contingent fee and right of lien:

The fee depending upon the success of the suit or proceeding is regarded as against the public policy. The agreement for Contingent fee is hit by section 23 of the Indian Contract Act. Rule 9 framed by the Bar council of India expressly provide that an advocate should not act or plead in any matter in which he is himself be pecuniary interested. The agreement for the contingent fee is looked upon with disfavour, and later as inconsistent with the high ideals of the Bar.[20]

In the case of R.D. Saxena V. Balram Prasad Sharma; AIR 2000 SC 2912;

The Supreme Court has held that an advocate cannot claim a lien over a litigation file entrusted to him for his fees. The court has held that no professional can be given the right to withhold the returnable records relating to the work done by him with his clients matter on the strength of any claim for unpaid remuneration. The alternative is the professional concerned can resort to other legal remedies for such unpaid remuneration.

The same ruling is given by Apex Court in the matter of,

New India Insurance Company Ltd  V. A.K. Saxena; AIR 2004 SC 311.[21]

Is it permissible for an advocate to sue for his fees?

In India, law allows it. However, according to general practise of the profession, it is dignified that the counsel should sue for his fee. The rule exists to maintain prestige of the profession and the public confidence in the Bar. His fee should therefore, be both fixed and paid beforehand.

Some other important duties which an advocate owes to his clients are:

• section 13(a) of The Legal Practitioners Act specifically forbids taking of instruction by a pleader or mukhtar from an unauthorised person. An advocate may receive instruction either from the part on whose behalf he has been retained, someone who is recognised agent of such party, servant, relation, friends authorise by the party to give instruction.
• An attorney who as trustee of a descendent estate, purchased from himself individually a third mortgage was guilty of misconduct warranting suspension from practise.[22]
• An advocate when he himself accepts the brief becomes subject to certain obligations towards his client in respect of the suit and the proceedings entrusted to his care and pending in the court and he cannot absent himself from the court on the hearing without first obtaining his client’s consent.
• If a client comes to them with proper instructions and prepared to pay a fair and proper fee and invites them to undertake a case of a kind which they are accustomed to do, and they refuse, each refusal amounts to misconduct.
• According to well recognised practise, a counsel should never file an affidavit in a case in which he is appearing in his professional capacity.[23]
• It is extremely objectionable on the part of legal practitioner to take his client signature on the blank sheet of paper.
• The giving of certificates by the counsel in support of petitions by condemned prisoners for special leave to appeal in forma pauper is in circumstances not warranting the grant of such certificates shows an utter disregard of the solemn and serious responsibilities of counsel who is called upon to certify and the counsel so certifying is guilty of gross unprofessional misconduct.[24]
• It is very serious matter for legal practitioner knowingly to make false statement in a pleading drafted by him.
• Where an advocate commits perjury and displays great moral turpitude in instituting a false case and in having it supported by false evidence, he is guilty of grossly improper conduct in the discharge of his professional duty.[25]
• It is highly improper on the part of the legal practitioner to issue a false notice knowing it to be false even though he does it under instructions from his clients.
• A legal practitioner paying or offering to pay money to witness inducing him to speak the truth or to prevent from giving false evidence or pressing his client to pay money to a witness in order to induce him to keep back unfavourable evidence is not allowed.
• All agreements that obstruct and affect the administration of justice would be treated as invalid under section 23 of the Indian Contract Act. An undertaking on the part of practitioner to bear expenses of litigation on the promise of litigants that a certain portion of the net profits of the litigation will be allowed to the former in case of success is grossly improper under this section.
• Giving deliberately improper advice to a client may bring a lawyer within the clutches of law. Improper legal advice may amount to professional misconduct but not wrong legal advice.[26]
• The relationship of advocate and client rest upon a very high standard of mutual confidence and trust and is expected that after a member of the Bar is engaged on behalf of the particular client, he will always keep him fully informed of the progress of the case.[27]
• It is a professional misconduct on the part of the legal practitioner to identify a person whom he does not know, and a lawyer practising a professional business of identification must be removed from the roll.[28]

Advocate and Witnesses:

General:

1 .Counsel’s obligation in respect of witnesses:

In examining witnesses advocate should not forget that he is not merely the counsel of client but also an officer of the court to further the ends of justice. He must not disregard the feeling of witnesses, or embarrass or bully them. He should not be sarcastic. He should not assume that all witnesses are liars to be treated alike. Advocate should not recognise these limitations and the result is that witnesses in this country have seldom a good word to put in for box.

2. The advocate must not misuse the privilege of cross examination:

This privilege like any other privileges, should only be used for the purpose intended, and should not be abused from sinister motives. A party may impeach the credit of a witness called by him only if he turns hostile and that too with the leave of the court.

a)     Aimless heckling of witness is not honourable.

b)    The advocate has no right to disgrace and bully a witness by putting offensive questions.

c)     The privilege of cross examination should not be misused by an examination which is unnecessarily too long.

d)    There is general complaint that the privilege of cross examination as to credit is frequently abused.

3. He must not tutor his witnesses:

A witness is required by law to testify facts which are within his knowledge and which he considers as true. So jealous is the law about purity of testimony that it does not permit even a leading question to be put to witness. This is not so because the answer cannot be true, but because the answer to a leading question is not regarded as free act of witness, but as regarded as suggestion to the counsel. This does not mean that the counsel should not confer with his witnesses in advance. In fact there is certain amount of the guidance to witness and dealing with them in relation to their testimony which are permissible to advocate by his Code of Professional Ethics.

4. The advocate must not tamper with witnesses:

Bribing a witness for the purpose of influencing his testimony is unprofessional. So long as witness is called to tell the truth and not to bolster up a falsehood and so long as payment is not made to corrupt him, the fact that he is paid or promised more than the statutory fee cannot be described as bribery.

5. Counsel as witness:

A dual capacity of witness and advocate is not approved by professional ethics. If it becomes necessary for the counsel to appear as witness in the case, he should withdraw from the case. Counsel is an advocate to the client but cannot be a witness, for or against the client in the case which he is conducting.

A counsel for a party should not also be his witness in the case without retiring from the case as counsel. It is a sound principle that a person who is appearing as counsel should not give evidence as witness. It is against the etiquette of the Bar that the member of the profession should give evidence in the case in which he is engaged as counsel and no self respecting counsel would be prepared to conduct a case for the defence after having been called as a witness for the prosecution.[29]

6. Abuse of privilege:

A gross abuse of the right of cross examination by legal practitioner is grossly improper conduct in the discharge of his duties.[30]

7. Perjury and false statement:

It is hardly necessary to say that it is not part of the etiquette of the members of the profession to tell lies in court or give perjured evidence on behalf of their client,[31] members of the legal profession are expected to maintain not only a high standard of professional morality and ethics but they are also expected as men of education and culture and as members of an Honourable profession to act in an honest and straight forward and upright manner.

Coutts Trotter, J. Said in his judgment:

“Perjury is an offence the gravity of which I do not seek to minimize, especially when committed by the member of the Bar who knows it full import. At the same time he has many degrees of gravity, and I think there is much to be said in extenuation of the offence committed by Mr .A”

8. Harassing tactics by counsel:

It is important to protect the courts from the harassing tactics on the part of the counsel. Where a counsel resorts to attempting to provoke the magistrate trying the case into same unguarded expression and then applies to transfer, the method adopted is neither in the interest of his client nor in the interest of justice.[32]

9. Citing advocate for accused as witness:

There is nothing necessarily unprofessional in counsel giving evidence in a case in which he appears as such. In Emperor V. Dadu Ram; AIR 1939 Bom150:

It has been observed in that case:

“On the one hand the accused person is entitled to select the advocate whom he desires to appear for him, and certainly the prosecution cannot fetter that choice merely by serving a subpoena on the advocate to appear as a witness. On the other hand, the court is bound to see that the due administration of justice is not in a way embarrassed. Generally, if an advocate is called as a witness by the other side, it can safely be left to the good sense of the advocate to determine whether he can continue to appear as an advocate, or by whether so doing he will embarrass the court or the client. If the court comes to the conclusion that a trial will be embarrassed by the appearance of the advocate who has been called as a witness by other side, and if not withstanding the court’s expression of his opinion, the advocate refuses to withdraw, in my opinion, in such a case court has inherent jurisdiction to require the advocate to withdraw.”

Advocate and his Opponent:

The advocate should maintain towards his opponent utmost cordiality. Clients and not the counsel are litigants. Says Daniel Webster:

“Lawyers on opposite sides of cases are like the two parts of shears, they cut what between them, but not each other.”[33]

• The counsel should exercise his right of advocacy in a fair and legitimate manner:

He should always treat his opponent with fairness and due consideration. For instance, in drafting pleadings, he should act with care, prudence and good faith. He should not indulge in abuse and reckless charges of fraud, dishonesty and criminality. In Kedar Nath V. King Emperor[34]; and Thangavelu V. Chengalvaroya[35]:

“The satisfaction required is not that the allegation is true, or even that it is prima facie true, but only that there are grounds for making it.”

• Unnecessary interruption of his opponent, by the advocate during his cross examination or address is undesirable:

Just as it is the right of the advocate not to be interrupted by the court ,so it his duty not to interrupt his opponent. Interruption of the opponent is improper for several reasons:

1. Each party has a right to impress on the court, its point of view as it considers best, and there should be no improper interference with this right.
2. If proper interruption is allowed, it would result in constant wrangling between the advocates and consequent confusion in the court. This will destroy the dignity of the court and the parties will not be able to state their cases.
3. No counsel has the right to prevent a judge from following the course of argument of the opposite side.
4. By improper interruption your opponent may lose the thread of his argument, or it may spoil the effect of his cross examination on a vital point.

Moreover, a lawyer should not in any way communicate upon the subject of controversy with a party represented by counsel; much less should he undertake to negotiate and compromise the matter with him, but should deal only with his counsel. It is incumbent on the lawyer most particularly to avoid anything that may tend to mislead a party not represented by counsel.[36]

Advocates and colleagues: Duty toward colleagues

Rule 36, 37, 38, and 39 framed by the Bar council of India deal with the duties of an advocate to the colleagues. R